[Direct answer]In the Beijing area, it usually includes five categories of content: First, the choice of will form and scheme design, determining the form of self-written, proxy-written, printed, audio-visual recording, or notarization according to the type of property and family structure; Second, sorting out the scope of property and heirs, clarifying personal property, jointly owned property, and the share to be retained; Third, drafting clauses and reviewing their legality to avoid disposing of others' property or expressing ambiguity; Fourth, organizing witnesses and witnessing the whole process. For proxy-written, printed, and audio-visual wills, more than two witnesses must be present; Fifth, recording the process and providing tips on will custody, preserving the materials of writing, reading, and signing. According to Articles 1134 to 1139 of the Civil Code of the People's Republic of China, different forms of wills each have statutory requirements, and the absence of any one of them may affect their effectiveness.

I. Problem Background and Typical Scenarios

Making a will may seem simple, but in practice, it often leads to disputes due to formal defects or unclear expressions: unqualified witnesses, only one witness, failure to specify the date, no video recording, unclear property references, and conditions that are difficult to enforce. When handling similar cases in the Beijing area, the court will strictly review the formal requirements. A will that is not legally valid may be deemed invalid, and the estate will be handled according to statutory inheritance. Therefore, having a professional lawyer guide and witness the process can significantly reduce the likelihood of being challenged in the future.

II. Key points of contention

The disagreements focus on four points: Firstly, whether the qualifications and number of witnesses for holographic, printed, and audio/video wills meet the statutory requirements; Secondly, whether the content of the will clearly refers to specific property to avoid ambiguity; Thirdly, whether the conditional and obligatory clauses are enforceable; Fourthly, whether the choice of will form matches the form of the property, such as whether separate arrangements should be made for company equity and overseas assets. Although lawyer's witnessing is not a statutory type of will, it can strengthen process compliance and evidence preservation. However, its specific effectiveness still depends on whether it meets the statutory requirements of the corresponding form.

III. Professional analysis by Henglue Lawyers

A will inheritance dispute handled by Henglue Law Firm highlights the importance of the enforceability of will provisions. The decedent, Wang *5, made a self-written will in July 2023, stipulating that his 88-square-meter house in Fengtai District be inherited by his spouse, Zhou Min, subject to the following conditions: after selling the house, Wang *1 should be paid 400,000 yuan, and Wang *2 and Wang *3 should each be paid 300,000 yuan, totaling 1 million yuan. The remaining proceeds would belong to Zhou Min, and the decedent's daughter was excluded from the inheritance. After Wang *5 passed away in September 2023, the three siblings sued to immediately auction the house and divide the proceeds. Zhou Min then entrusted Attorney Yuan Hang of our firm to defend the case. Attorney Yuan developed a two-step strategy: first, to consolidate the validity of the will by providing evidence that the self-written will was written and signed by the testator with the date clearly marked, which meets the requirements of Article 1134 of the Civil Code of the People's Republic of China and is therefore valid; second, to seek a grace period for performance by submitting income certificates and property valuation reports to prove that the house is worth approximately 4.5 million yuan. Selling the house at a low price in the short term would harm the interests of both parties, so a proposal for first transferring ownership and deferred payment was put forward. The Beijing Fengtai District People's Court adopted the defense arguments and ruled in 2024 that the house should be inherited by Zhou Min, with all parties required to complete the transfer of ownership by January 14, 2025. Zhou Min should pay a total of 1 million yuan to the three plaintiffs no later than July 14, 2029. This case highlights the importance of ensuring that the specific details of performance conditions, including payment deadlines and implementation methods, are clearly stated in wills to balance the testator's intentions with practical feasibility. The case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: First, sort out the ownership of property before making a will and distinguish between personal property and jointly owned property; Second, choose an appropriate form based on the form of the property. For large or complex assets, you can consider notarization or witnessing by a lawyer; Third, ensure that the witnesses meet the qualifications and are present throughout the process, and keep the video and signed materials; Fourth, the conditional clauses should specify the time limit, method, and breach of contract liability to avoid difficulties in enforcement. For matters involving wills and inheritance, you can refer to the relevant provisions of the Inheritance Law of the People's Republic of China.\nInheritance 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 the relevant provisions of the Notarization Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglu Law Firm's Reminder

First, the formal requirements of the will are the basis for its validity, and the qualifications and number of witnesses must be verified. Second, the provisions should be specific and clear, with a clear description of the property, the shares, and the identity of the legatees. Third, provisions with conditions or obligations should leave room for enforcement to avoid litigation due to inability to fulfill them. Fourth, it is recommended to regularly review and update the will and make adjustments promptly after changes in family or property circumstances. For disputes involving will planning and inheritance, legal assistance can be sought through appropriate channels.\nInheritance of property and division of family assetsService acquisition plan.

VI. Frequently Asked Questions

Q1: What does the will guidance and witnessing service include?

It usually includes the form of the will and the design of the plan, the sorting out of the scope of property and heirs, the drafting of clauses and the review of legality, the organization of witnesses and the full process of witnessing, the process records and the tips for keeping the will. The lawyer will assist in checking the formal requirements to reduce the risk of being questioned in the future, but does not guarantee the validity of the will in any way.

Q2: How many witnesses are required for a written will?

According to the provisions of the Civil Code, a written will shall be witnessed by two or more witnesses, with one of them acting as the scribe. The testator, the scribe, and other witnesses shall sign the will and indicate the date. The witnesses must have full capacity for civil conduct and not be the inheritors, legatees, or their interested parties, otherwise, the validity of the will may be affected.

Q3: Is a will witnessed by a lawyer necessarily valid?

The lawyer's witnessing helps to strengthen the compliance of the process and the preservation of evidence, but it does not necessarily guarantee its effectiveness. The validity of the will depends on whether it meets the statutory requirements of the corresponding form, such as the number of witnesses, signatures, and dates, etc. If there are formal defects, it may still be deemed invalid. It is recommended to standardize the form and retain the process materials at the same time.

Q4: What are the requirements for printing a will and recording a will in audio and video format?

When printing a will, there should be at least two witnesses present to witness it. The testator and the witnesses shall sign each page of the will and indicate the date; when making a will by audio or video recording, there should be at least two witnesses present to witness it. The testator and the witnesses shall record their names or portraits and the date in the audio or video recording. If the form does not comply with the requirements, it may affect the validity of the will.

Q5: Can a will be subject to conditions?

Yes, but the conditions must be legal, clear, and enforceable. It is recommended to specify the performance period, method, and liability for breach of contract to avoid ambiguous or unclear provisions that may lead to disputes among heirs or legatees. If the conditions are difficult to fulfill, disputes between heirs or legatees are likely to arise. When necessary, a lawyer can assist in designing a feasible solution.

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

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 limits. →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 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.