[Direct answer]It mainly includes four types of situations. Article 1143 of the Civil Code of the People's Republic of China stipulates that: A will made by a person with no capacity for civil conduct or a person with 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; and if a will is tampered with, the tampered content is invalid. In addition, an invalid will may also result from illegal formal requirements, such as a written will, a printed will, an audio or video will, an oral will lacking a statutory witness or unsigned on each page, an unsigned date; a witness who is not qualified (Article 1140); a failure to reserve a necessary share for an heir who lacks the ability to work and has no source of livelihood (Article 1141); and the disposition of property that does not belong to oneself. The above situations may render the will wholly or partially invalid.

1. Problem background and typical scenarios

The testator wishes to distribute his property according to his own will, but due to formal or content irregularities, the will is deemed invalid, and the heirs ultimately divide the estate according to statutory inheritance. Typical situations include: the heir or his/her spouse acting as a witness; signing only on the last page; the testator being elderly or making a will while ill without confirming his/her mental state; and the will disposes of the spouse's jointly owned property shares. When handling inheritance disputes, the Beijing District Court will strictly review the form and substantive elements of the will.

II. Key points of contention

First, how to determine the testator's civil capacity at the time of making the will, and whether an appraisal is necessary. Second, whether there is fraud or coercion, and how to provide evidence. Third, whether the number and qualifications of the witnesses comply with regulations. Fourth, whether the content of the will disposes of other people's property or omits necessary shares. Fifth, how to define the parts of the will that have been tampered with, and whether they affect the validity of the remaining content.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers' practical experience in will inheritance cases can be categorized into four levels. Firstly, subject qualification: The testator must have full capacity for civil conduct. If the testator is in a state of unclear consciousness or affected by illness when making the will, interested parties may apply for an assessment of their capacity for action, and if necessary, the assessment will be combined with medical records and witness statements. Secondly, authenticity of intention: Wills made under fraud or coercion are invalid. In practice, the process of making the will is often restored through audio recordings, chat records, and witness statements. If the content of the will clearly violates common sense and lacks reasonable explanations, it may also be questioned. Thirdly, formal compliance: Different forms of wills have different requirements. Handwritten and printed wills require the presence of at least two witnesses and the signing and dating by the testator and witnesses. The witnesses must not be inheritors, legatees, or persons with a vested interest in the inheritance. If any items are missing, the will may be deemed invalid. Fourthly, legal content: The will should reserve a necessary share for inheritors who lack the ability to work and have no source of income, and only the testator's own share of property can be disposed of. Where the will involves marital joint property, only the testator's own share can be disposed of. Fifthly, forgery and tampering: A forged will is invalid in its entirety, and the tampered content is invalid, but the remaining unaltered parts remain effective. In many will inheritance cases, Henglue Lawyers have helped clients clarify the validity of the will and claim their rights through legal channels by reviewing the process of making the will and its formal requirements. This case is handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, evaluate the testator's capacity for action before making a will, and keep medical examination or medical certificates if necessary; Second, strictly follow the statutory form to ensure that the number and qualifications of witnesses comply with the law, and sign each page and indicate the date; Third, make the content clear and specific, specify the scope of the estate and the distribution plan, and avoid disposing of others' property; Fourth, reserve necessary shares for heirs who lack the ability to work and have no source of livelihood; Fifth, keep the original will properly, and if necessary, choose notarization or lawyer's witnessing to enhance the probative force. For matters involving inheritance and family property division, you can refer to the relevant provisions.Inheritance of property and division of family assetsFor issues concerning the ownership and registration of real estate, you can refer to the following information for reference.Real estate transactions and construction projectsLegal basis: Articles 1134 to 1139 and Article 1140 of the Civil Code of the People's Republic of China, and Articles 1141, 1143, and 1144 (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 Reminder

Firstly, the formal requirements are the foundation of the validity of a will. Insufficient witnesses or omitted signatures often lead to the invalidation of the entire will. Secondly, witnesses should not be inheritors, legatees, or their interested parties. It is advisable to choose adults who have no vested interests. Thirdly, the content of the will should not dispose of other people's property. If it involves a couple's jointly owned real estate, only the inheritor's own share can be disposed of. Fourthly, the original will should be entrusted to a reliable person for safekeeping to avoid being concealed or tampered with. For matters involving marital and family property, reference can be made to the relevant provisions.Divorce litigation and family disputesFor matters involving debt and estate settlement, you can refer to the following for reference.Creditor's rights and debts, and enforcementFor matters involving the arrangement of a company's equity and assets, you may refer to the following for referenceBusiness and contract disputes in enterprises.

VI. Frequently Asked Questions

Q1: The testator was mentally unstable at the time. Is the will still valid?

It may be invalid. The will made by a person without civil capacity or with limited civil capacity is invalid. If there is a lack of consciousness or cognitive impairment at the time of making the will, the interested parties may apply for a capacity assessment and submit medical records, diagnosis certificates, and witness statements. Whether it is invalid or not will be determined by the court based on the evidence.

Q2: If the witness is the spouse of the heir, is the will valid?

They are usually ineffective or of questionable validity. People who have a vested interest in the heirs or legatees cannot act as witnesses to the will. If the key witnesses are not qualified, it may result in the will being deemed invalid due to insufficient witnesses or non-compliance with legal formalities. It is recommended that witnesses be adults with no vested interest in the case.

Q3: Is it valid to allocate the spouse's house in the will?

The portion exceeding the above-mentioned scope shall be invalid. The testator may only dispose of the property belonging to himself/herself. If the real estate is the couple's joint property, the testator may only dispose of the share owned by himself/herself. The part disposed of the spouse's share shall be invalid, and the part shall usually be dealt with in accordance with the statutory inheritance. It is recommended to clarify the ownership of the property before making a will.

Q4: If the will has been altered, can it still be used?

The content that has been tampered with is invalid, but the parts that have not been tampered with are still valid. If it is impossible to distinguish the scope of the tampering or the impact of the tampering on the main content of the will, it may affect the determination of the overall validity. It is recommended to keep the original will properly, and if necessary, fix its original state through notarization or witnessing.

Q5: How to prove that the will was made under duress?

It can be proven through indirect evidence such as audio and video recordings, chat records, witness statements, police reports, and wills that clearly violate common sense. The party claiming to have been coerced must bear the corresponding burden of proof. The court will judge based on the process of making the agreement and the statements of all parties. The specific judgment will be based on the evidence and ruling of the case.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Legal services for inheritance·Attorney Yuan Hang·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.