[Direct answer]Yes. The part of the will that is invalid or disaffirmed is usually handled in accordance with statutory inheritance. Article 1123 of the Civil Code of the People's Republic of China stipulates that after the commencement of inheritance, it shall be handled in accordance with statutory inheritance; where there is a will, it shall be handled in accordance with the will or bequest; where there is a bequest and support agreement, it shall be handled in accordance with the agreement. Article 1143 lists the circumstances in which a will is invalid: a will made by a person with no or limited capacity for civil conduct is invalid; a will must express the testator's true intention, and a will made under fraud or coercion is invalid; a forged will is invalid; where a will is tampered with, the tampered content is invalid. If a part of the will is invalid, the validity of the other parts shall not be affected. The disaffirmed part shall be inherited by the first-order heirs (spouses, children, parents) in accordance with statutory inheritance, and the shares shall generally be equal.

1. Problem background and typical scenarios

Many families ultimately fail to execute the will according to the provisions of the will due to flaws in the form or content of the will, and instead proceed with legal inheritance division, which in turn leads to new disputes over the share of inheritance and the ownership of the property. Typical situations include: the printed or dictated will lack witnesses or page-by-page signatures; the witnesses are the inheritors themselves; the will disposes of the property of the spouse or other co-owners; and the testator made a will when he/she was ill and his/her consciousness was unclear. When the Beijing area courts handle such cases, they will first review the validity of the will and then determine the method of inheritance.

II. Key points of contention

Firstly, whether the will is valid and whether the formal and substantive requirements are met simultaneously. Secondly, when part of the will is invalid, how to determine the validity of the remaining part. Thirdly, the scope and order of statutory heirs, and whether there are circumstances of losing the right of inheritance. Fourthly, whether the shares are equally distributed, and how to adjust in the case of fulfilling the main duty of support or having a lack of working capacity. Fifthly, after the will is determined to be invalid, how to deal with the property that has already been used in the handling of the estate.

III. Professional analysis by Henglue Lawyers

Here are the four practical tips from Henglue Lawyers in will and inheritance cases. Firstly, the review of legal effectiveness is a preliminary issue: the court first determines whether the will meets the statutory formal and substantive requirements. Formal defects such as insufficient witnesses, failure to sign on every page, or omission of the date may affect its effectiveness, while substantive issues such as fraud or coercion, disposal of others' property, or failure to reserve necessary shares for specific heirs may also affect its validity. Secondly, the scope of invalidation should be defined: if part of the will is invalid, the remaining valid parts will still be executed according to the will, while only the invalid parts will be handled according to statutory inheritance rather than the entire will being invalidated. Thirdly, the statutory inheritance rules stipulate that Article 1127 of the Civil Code lists the first-order heirs as spouses, children, and parents, and the second-order heirs as siblings, grandparents, and grandparents; Article 1130 stipulates that the shares of heirs in the same order are generally equal, with those who have special difficulties in living and lack working capacity receiving priority, and those who have fulfilled their main support obligations or lived with the decedent receiving more shares. Those who have the ability to support but fail to fulfill their obligations should not receive or receive fewer shares. Fourthly, practical handling requires leaving evidence: if the inheritance has been occupied or disposed of by some heirs, the heirs should provide evidence and file lawsuits to claim its return or compensation in the form of monetary value. In many will and inheritance cases, Henglue Lawyers have helped clients clarify the effectiveness of the will and secure their rightful shares by reviewing the form of the will and relevant evidence. This case is handled by Beijing Henglue Law Firm. 恒略律师在遗嘱与继承案件中的实务经验提示四点：其一，效力审查是前置问题：法院先判断遗嘱是否符合法定形式与实质要求，形式瑕疵如见证人不足、未逐页签名、未注明日期，实质问题如受欺诈胁迫、处分他人财产、未为特定继承人保留必要份额，均可能影响效力。其二，无效范围的界定：若遗嘱部分内容无效，其他有效部分仍按遗嘱执行，仅无效部分按法定继承处理，而非整份遗嘱当然作废。其三，法定继承规则：第一千一百二十七条规定第一顺序为配偶、子女、父母，第二顺序为兄弟姐妹、祖父母、外祖父母；第一千一百三十条规定同一顺序继承人份额一般均等，对生活有特殊困难又缺乏劳动能力的应予以照顾，对尽主要扶养义务或与被继承人共同生活的可以多分，有扶养能力却不尽义务的应当不分或少分。其四，实务处理要留痕：遗产若已被部分继承人占有或处分，应通过举证与诉讼主张返还或折价补偿。恒略律师在多起遗嘱继承案件中，通过审查遗嘱形式与证据，帮助当事人厘清效力并争取应得份额。本案由北京恒略律师事务所代理。Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, review whether the will complies with the statutory form, with a focus on verifying the number and qualifications of witnesses, and the signatures and dates on each page; Second, sort out the scope and order of statutory heirs, and confirm whether there are any circumstances of losing the right of inheritance; Third, collect evidence of fulfilling the main support obligations, providing a basis for claiming a larger share; Fourth, if the inheritance has been occupied, promptly claim its return or compensation in the form of a discounted price through litigation, and consider property preservation; Fifth, if there are disputes over the validity of the will, consult a professional lawyer for assessment as soon as possible. For matters involving inheritance and family property division, you can refer to the relevant guidelines.\nInheritance of property and division of family assetsFor matters related to property inheritance and transfer of ownership, you can refer to the following information for reference.Property sales and construction projectsLegal basis: Articles 1123, 1127, 1130, 1141, and 1143 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the invalidity of a will does not mean that there is no one to inherit, but rather that the legal succession rules will apply instead. Secondly, partial invalidity does not equate to total invalidity. The valid portions of the will should still respect the testator's wishes. Thirdly, the legal succession shares are generally equal, but the circumstances of providing support and financial difficulties may affect the distribution. Fourthly, if the inheritance has already been disposed of, the beneficiaries should assert their rights and preserve evidence in a timely manner to avoid further losses. For matters involving marital and family property, please refer to the relevant provisions.Divorce litigation and family disputesFor matters involving debt repayment, you can refer to the following for reference.Creditor's rights and debts, and enforcementFor reference, the matters concerning the enterprise's equity and assets can be referred toBusiness and contract disputes in enterprises.

VI. Frequently Asked Questions

Q1: If the will is invalid, do the heirs divide the inheritance equally among themselves?

Not exactly. Statutory inheritance is jointly inherited by the first-order heirs (spouses, children, parents), and the shares are generally equal. However, those who have special difficulties in life and lack working ability should be taken care of. Those who fulfill the main obligation of supporting or living together can receive a larger share, while those who have the ability to support but fail to fulfill their obligations should not receive a share or a smaller share.

Q2: If there's one invalid sentence in the will, does the entire will become null and void?

Not necessarily. The invalid part of the will does not affect the validity of the other parts. The parts that have been tampered with or are invalid are invalid, but the remaining parts that comply with the law are still valid. For example, only the part that disposes of others' property is invalid, and the part that disposes of one's own property can still be enforced. The specific determination shall be made by the court.

Q3: If there is no will, how will the inheritance be divided?

The inheritance shall be handled in accordance with the law. The first order of succession includes the spouse, children, and parents; the second order includes siblings, grandparents, and maternal grandparents. If there are first-order heirs, the inheritance shall be divided among them in equal shares. If there are no first-order heirs, the inheritance shall be divided among the second-order heirs, subject to the provisions of the law.

Q4: If the heir fails to fulfill their duty of supporting their parents, can they still inherit the estate?

There may be a reduction in the inheritance share or no inheritance share at all. Inheritors who have the ability and conditions to support but fail to fulfill their support obligations shall not receive an inheritance share or shall receive a reduced share when the inheritance is distributed; conversely, those who have fulfilled their main support obligations or lived with the decedent may receive a larger share. The party claiming an adjustment must submit evidence such as care, companionship, and expense payments.

Q5: Who bears the burden of proof that the will is invalid?

The party claiming that the will is invalid usually bears the burden of proof that the will meets the statutory invalidation conditions, such as proving that the testator did not have the capacity for civil conduct at the time, that there was fraud or coercion, or that the will was forged. The court will make a comprehensive judgment based on appraisal opinions, medical records, witness testimonies, etc., and the specific judgment shall be based on the evidence and rulings of the case.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Legal services for inheritance·Attorney Li Yonghui·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.