[Direct answer]In the Beijing area, the review process mainly relies on two approaches: formal review and judicial appraisal. The formal review checks whether the will meets the statutory requirements, including whether it is handwritten, signed and dated, and whether the will written by a proxy, printed, or recorded by audio or video has more than two qualified witnesses present. The substantive review requires determining whether it is the testator's true intention and whether the testator has the capacity for action. When there are doubts about authenticity, a handwriting appraisal of the signature or the entire text can be applied for, and a writing sample from the same period can be provided for comparison. If the appraisal opinion is consistent with the sample, it is usually accepted. The party claiming that the will was forged or tampered with bears the burden of proof, and if the evidence cannot be provided, they will bear the adverse consequences. It should also be noted that the donee should make an acceptance statement within 60 days after knowing that they have received the gift. If the deadline is exceeded, it will be deemed as a waiver.

I. Problem Background and Typical Scenarios

In inheritance disputes, it is very common for one party to claim rights based on a will, while the other party questions the signature, date, or the testator's capacity for action. Some wills are written by elderly people on their deathbeds, with trembling handwriting; some dates have been altered; and some have witnesses whose qualifications are questionable. In the judicial practice of the Beijing area, the court will first review the formal requirements, then judge the authenticity based on the appraisal opinion and the evidence in the case, and, if necessary, entrust the appraisal institutions to compare the handwriting of the entire text.

II. Key points of contention

The disagreements focus on four points: First, whether the scope of appraisal is limited to the signature date or covers the entire text, and whether the qualifications of the appraisal institutions are qualified; Second, how to determine the testator's capacity to make a will at the time of making the will, and the role of medical records and appraisal opinions; Third, whether the qualifications and number of witnesses meet the statutory requirements; Fourth, whether the legatee makes an acceptance within 60 days. The court usually requires the challenging party to submit sufficient evidence. If there are only suspicions but no basis, it is difficult to overturn the will.

III. Professional analysis by Henglue Law Firm

A bequest dispute handled by Henglue Law Firm was successfully reversed through double review of procedures and appraisals. The decedent, Liu Shufen, and her husband, Zhao Yongjun, had a son named Zhao Xin, who was Liu Shufen's only grandson. Liu Shufen passed away in 2021, and Zhao Xin claimed to inherit the house located at No. 502, Xicheng District, based on the handwritten will Liu Shufen drafted on January 3, 2016. In the first-instance trial, the defendant applied for handwriting appraisal, but the judicial appraisal center concluded that the signature and date on the will were not written by Liu Shufen, and the court accordingly dismissed Zhao Xin's claim. Zhao Xin appealed to our firm's attorney, Li Yonghui, who reviewed the case and found that the original appraisal agency was in a suspended state when it accepted the commission in June 2023, with questionable qualifications; moreover, the appraisal only focused on the signature and date, failing to cover the entire will. The appellate court adopted this view and ruled to revoke the original judgment and remand the case for rehearing in June 2024. During the rehearing, Li Yonghui insisted on applying for a full handwriting appraisal of the will. The new appraisal confirmed that all the handwriting in the will matched Liu Shufen's sample, and the court thus confirmed the will's authenticity. It was determined that Zhao Xin, as the grandson and a beneficiary of the bequest, had filed a lawsuit within the statutory time limit to expressly accept the bequest, and ultimately ruled that the house should be inherited by Zhao Xin. This case shows that the scope of appraisal and the qualifications of the appraisal agency directly affect the conclusion. Any flaws should be promptly corrected through appeals and reappraisals. 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 suggestions: First, apply for handwriting identification as soon as possible, ensuring that the scope of the identification covers the entire text and providing sufficient comparison samples; Second, verify the qualifications of the identification agency and the acceptance time, and raise objections to any procedural flaws in a timely manner; Third, collect process materials such as medical records, witness information, and videos when making a will; Fourth, the legatee should make an acceptance declaration and keep evidence within 60 days after knowing that they have been bequeathed. For disputes involving inheritance and wills, you can refer to the relevant provisions of the Inheritance Law of the People's Republic of China.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 effective from January 1, 2021), and the relevant provisions of the Inheritance Law of the People's Republic of China (effective from October 1, 1985) concerning the application of legal facts before the implementation of the Civil Code. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, appraisal is not omnipotent, and formal defects may also lead to the invalidity or limited effectiveness of the will. Secondly, an overly narrow scope of appraisal may lead to biased conclusions, so the application should clearly cover the signature, date, and main body of the will. Thirdly, questioning the authenticity of the will must be supported by evidence, and mere denial is unlikely to gain support. Fourthly, the 60-day acceptance period for bequests is extremely crucial. Failure to comply with the deadline will result in the loss of rights. In cases involving disputes over wills and inheritance, it is possible to resolve them through legal means.Inheritance of property and division of family assetsService acquisition solution.

VI. Frequently Asked Questions

Q1: If I suspect that the will is forged, how can I prove it?

It is possible to apply for a handwriting analysis of the signature and the full text of the will, and provide writing samples from the same period of the decedent's life for comparison. At the same time, collect witness testimonies, videos, medical records, and other materials from the process of making the will. The party claiming forgery bears the burden of proof. If the appraisal opinion is consistent with the samples, it will usually be accepted. If the evidence cannot be provided, it will be difficult to overturn the will.

Q2: What should the scope of the application for handwriting authentication of a will include?

It is recommended to cover the signature, date, and the entire text of the will to avoid potential problems that may arise if only the signature is authenticated but the main text is overlooked. When applying for authentication, the original will and sufficient comparison samples should be provided, and the specific items to be authenticated should be clearly stated. If there are objections to the conclusion, one may apply for a review or re-authentication, but this must be justified and comply with legal requirements.

Q3: If the appraisal institution says it's not written by me, can I still refute it?

You can give it a try. If the qualifications of the original appraisal institution are questionable, if it is in a state of suspended commission at the time of acceptance, or if the scope of the appraisal is too narrow to cover the entire text, you can correct it by appealing or applying for a re-appraisal. In the case handled by our firm, the original appraisal had procedural and scope defects. After the second instance remanded the case for a retrial, the full-text appraisal confirmed that it was a handwritten document.

Q4: Is there a time limit for the donee to accept the gift?

Yes. According to the Civil Code, the donee shall make a declaration of acceptance or waiver of the gift within 60 days after knowing that he/she has received the gift; if no declaration is made within the time limit, it shall be deemed that he/she has waived the gift. If the grandchildren and other non-legal heirs obtain the testamentary property, it shall be deemed a gift. It is necessary to accept the gift clearly and keep the evidence within the time limit by suing or in writing.

Q5: Is a will still valid if it has been altered?

If the will has been tampered with, the content of the tampering is invalid; whether the unaltered part is valid needs to be determined based on the formal requirements and the true intention. If the alterations involve key content such as the destination of the property or the signing date, it may affect the overall validity of the will. It is recommended to keep the original, confirm the time and content of the alterations through appraisal, and then claim the corresponding legal consequences.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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 evidence materials, to avoid missing the statutory time limit. →Inheritance legal services·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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.