[Direct answer]In the Beijing area, inheritance disputes are typically initiated on the basis of the legal invalidity of wills. According to Article 1143 of the Civil Code of the People's Republic of China, wills made by individuals with no or limited civil capacity are invalid; wills must reflect the testator's true intentions, and those made under fraud or coercion are invalid; forged wills are invalid; and any altered parts of the will are also deemed invalid. Additionally, wills that fail to meet legal requirements, dispose of state, collective, or third-party property, or violate the mandatory reserved share provisions may also be deemed invalid. The party claiming invalidity bears the burden of proof, which can be demonstrated through handwriting identification, witness statements, and materials related to the will-making process. It is recommended to raise these issues in inheritance litigation to avoid additional litigation costs and time delays.

1. Problem background and typical scenarios

After the death of the decedent, it's not uncommon for disputes to arise among the heirs over the authenticity and validity of the will: some question whether the signature was written by the decedent themselves, others claim that the decedent was ill or mentally unclear when making the will, and still others believe that the will disposed of the property of the spouse or other co-owners. In the judicial practice of the Beijing area, the court will first review the formal requirements of the will, then review the testator's capacity for action and expression of intent, and, if necessary, commission a judicial appraisal. Such cases often involve multiple wills coexisting, with the focus being on the conflicting validity order and content of the wills.

II. Key points of contention

The disagreements focus on four points: First, whether the form of the will meets the statutory requirements, and whether the will written by a proxy, printed, or recorded on video or audio has qualified witnesses; Second, whether the testator had full capacity for civil conduct when making the will; Third, whether the expression of intent is genuine, and whether there is fraud or coercion; Fourth, whether the will disposed of other people's property or violated the mandatory reserved share. The court usually requires the party claiming invalidity to provide evidence of the invalidity grounds. For issues involving signatures, the party may apply for handwriting identification. If the identification opinion is consistent with the sample, it will generally be accepted; otherwise, the party making the claim will bear the adverse consequences.

III. Professional analysis by Henglue Lawyers

A succession dispute handled by Henglue Law Firm revolves around the validity of a joint will. The decedents, Wang * and Liu *, were a married couple with two sons, Wang *1 and Wang *2. They owned two properties located in Dongcheng District of Beijing, which were classified as marital joint property. On April 30, 2015, the couple jointly made a will stating that the two properties would be inherited by Wang *1. However, on October 8, 2015, Liu * made another will stipulating that her share of the properties and deposits would also be inherited by Wang *1. Liu * died in May 2015, and Wang * died in June 2022, leaving behind bank deposits, pensions, and welfare certificates. Wang *2 opposed the inheritance according to the will, claiming that the April 30, 2015 will was not a joint will and did not reflect Liu *'s true intention, thus it should be deemed invalid. Wang *2 also disputed the amount of deposits and interest. Attorney Li Yonghui of Henglue Law Firm represented Wang *1 and argued that the joint will was legally valid. The parties involved were married, shared the same intention, and signed the will together, meeting the formal requirements of a joint will. Forensic evidence confirmed that the signatures on the will were authentic, and the audio recordings and witness testimonies submitted by Wang *2 did not constitute a legally valid will and were insufficient to overturn the decision. Regarding the deposits, the attorney explained that the first-instance court had properly handled the deposits as part of the estate and obtained the consent of all parties, which was not inappropriate. The first-instance judgment ruled that the two properties and corresponding deposits, pensions, and funeral expenses would be inherited by Wang *1, who would pay Wang *2 a total of 501934.28 yuan. Wang *2 appealed, but the second-instance court upheld the original judgment, finding that the will met formal requirements and had legal and factual basis. This case demonstrates that the outcome of a dispute over the validity of a will often hinges on formal requirements and forensic evidence, making professional legal representation crucial. The case was handled by Beijing Henglue Law Firm.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, apply for handwriting identification of the disputed will in a timely manner, and make sure to do so within the statutory time limit; Second, collect process materials such as medical records, witness information, and videos when making the will; Third, verify whether the property disposed of in the will is the testator's personal property; Fourth, those who claim the will is invalid should specify the reasons for its invalidity and bear the burden of proof. For disputes involving inheritance and wills, you can refer to the following guidelines for reference:Inheritance of property and division of family assetsLegal basis: Articles 113 to 114 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021), and for legal facts that occurred before the implementation of the Civil Code, the Inheritance Law of the People's Republic of China (which came into effect on October 1, 1985) shall apply. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the invalidity of a will must rely on statutory grounds. Simple dissatisfaction or speculation is not enough to overturn a will. Secondly, handwriting identification is a common breakthrough, but there are requirements for the sample and the scope of identification. It is advisable to apply for it as soon as possible. Thirdly, formal requirements are the first hurdle for the effectiveness of a will. The qualifications and number of witnesses cannot be ignored. Fourthly, where there are multiple wills, the order of effectiveness should be determined based on the time of their establishment and the applicable law. For the overall handling of inheritance disputes, it can be done throughInheritance of property and division of family assetsService acquisition plan.

VI. Frequently Asked Questions

Q1: What is the legal basis for initiating a lawsuit challenging the validity of a will?

Usually, the case is initiated based on an inheritance dispute, with the aim of requesting the invalidation of the will and the legal division of the estate. The party claiming invalidation must specify the specific reasons, such as the form being illegal, the testator lacking legal capacity, being subject to fraud or coercion, or the will being forged or tampered with, and submit corresponding evidence. The party may also raise these claims as a defense in the inheritance lawsuit initiated by the other party.

Q2: Who should provide evidence to prove that the will is invalid?

The party claiming that the will is invalid shall bear the burden of proof. The party may apply for a handwriting identification of the signature on the will, submit medical records to prove the testator's capacity for action, and provide witness testimonies or materials related to the process of making the will. If the party fails to provide sufficient evidence, the court will generally not support their claim. When there are doubts about the authenticity of the will, the appraisal conclusion is often a crucial piece of evidence.

Q3: How to apply for a handwriting authentication of a will?

An application for appraisal can be submitted to the court in a lawsuit. The court will entrust a qualified appraisal institution and provide the original will and sufficient comparison samples. The scope of the appraisal can cover the signature, date, and even the entire text. If there are objections to the appraisal opinion, a reappraisal can be requested, but the applicant must provide a justification and meet the statutory conditions.

Q4: Do the old laws still apply to wills made before the implementation of the Civil Code?

Where the legal facts giving rise to inheritance occurred before the implementation of the Civil Code, the Inheritance Law of the People's Republic of China that was in effect at that time shall generally apply. For example, the original Inheritance Law stipulated that notarized wills had priority in effect, while the Civil Code has changed to follow the latest will. The conclusion of legal application depends on the specific time when the will was made and the inheritance occurred, and it needs to be judged on a case-by-case basis.

Q5: How should we handle the situation where part of the will is invalid?

If part of the will is invalid, it shall not affect the validity of the other parts. The property involved in the invalid part shall be dealt with in accordance with the statutory inheritance; if the will is tampered with, the tampered content shall be invalid. The court usually first determines the scope of the property disposed of by the valid will, and then distributes the remaining estate among the heirs in accordance with the statutory inheritance law.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.