[Direct answer]In the Beijing area, notarized wills are not necessarily absolutely valid. Notarization only serves to certify the form and the process of making the will. If the content of the will violates the law, disposes of others' property, lacks the corresponding civil capacity when making the will, or involves coercion, fraud, etc., it may still be deemed invalid or partially invalid. At the same time, attention should be paid to the changes in the rules: The Civil Code of the People's Republic of China (effective January 1, 2021) abolished the provision that notarized wills have priority in effectiveness. If there are several wills with conflicting contents, the latest will shall prevail; while for inheritance facts that occurred before the implementation of the Civil Code, the original provisions of the Inheritance Law of the People's Republic of China regarding the priority of notarized wills still apply. Therefore, whether a notarized will is valid and has priority depends on the time of making the will, the legality of its content, and the time node of legal application, and cannot be generalized.

I. Problem Background and Typical Scenarios

Many elderly people believe that as long as they have gone through notarization, their wills will be absolutely safe. In practice, however, disputes arising from notarized wills are not uncommon. There are three typical scenarios: first, the testator first drafts a notarized will and then subsequently drafts a self-written will, with the content of the two documents conflicting with each other; second, the notarized will disposes of the spouse's property or other people's property, exceeding the scope of the testator's right to dispose of property; third, the testator was suffering from a disease affecting their cognitive function at the time of making the will, and their capacity for action was subsequently questioned. In the judicial practice of the Beijing area, the order of effectiveness of multiple wills, the time of their drafting, and the testator's true intention often become the focus of litigation in inheritance disputes.

II. Key points of dispute

First, is a notarized will necessarily valid? Second, what is the order of effectiveness when the contents of multiple wills conflict? Third, what are the differences in the priority rules for notarized wills before and after the implementation of the Civil Code? Fourth, what is the effectiveness of the part of the will that disposes of other people's property? Fifth, what are the proof of the testator's capacity for civil conduct and the burden of proof? The core is to break down the problem into three layers: formal requirements, legal content, and temporal application, and then judge them one by one.

III. Professional analysis by Henglue Lawyers

Based on the inheritance cases handled by Henglue Law Firm, we can use a real case to illustrate the relevant legal rules. In this case, the decedent and his spouse entered into two wills before and after marriage: In 2002, the couple jointly executed a notarized will, stipulating that the decedent's share of a certain house would be inherited by their daughter, and the decedent also undertook the obligation to pay a certain amount of money to their son. In 2006, the spouse unilaterally executed a self-written will, intending to leave the entire house to their son. The son sued based on the self-written will. Lawyers from our firm pointed out that the legal facts giving rise to the inheritance occurred before the implementation of the Civil Code, so the Inheritance Law at that time should be applied. According to that law, a self-written will cannot revoke or modify a notarized will; and since the spouse has already passed away, the other party has no right to unilaterally change their share. If the heir of the attached obligation will expresses willingness to fulfill the obligation, they will legally enjoy the right of inheritance. The court adopted our firm's opinion, determining that the notarized will was valid and the self-written will could not revoke the notarized will, and rejected all the plaintiff's claims. It is worth noting that after the implementation of the Civil Code, the priority effect of notarized wills has been abolished, and the latest will shall prevail. Therefore, when making judgments, it is necessary to first determine the applicable law and the time of making the will. This case was handled by Beijing Henglue Law Firm.Zhu GuiyingAttorney (Practice Certificate No.: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: First, before making a will, clarify which assets belong to you and which belong to others or are jointly owned to avoid disposing of assets beyond your authority; Second, pay attention to keeping proof of legal capacity, such as medical examination or treatment records; Third, if there are multiple wills, clarify your final true intentions and establish them in a standardized form; Fourth, pay attention to the time when the inheritance occurs to determine whether to apply the Civil Code or the original Inheritance Law. For disputes involving will inheritance, you can refer to the relevant provisions of the Civil Code.\nInheritance and division of family propertyFor matters involving notarization and the review of will documents, you may refer to the following for guidance:Special services and other casesLegal basis: Articles 1142 and 1143 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), and Articles 20 and 21 of the former Inheritance Law of the People's Republic of China (applicable to inheritance facts before 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, notarization does not necessarily mean that the will is valid. The content of the will and the testator's capacity to make a will are equally crucial. Secondly, after the implementation of the Civil Code, the last will shall prevail, and notarized wills will no longer enjoy priority. Thirdly, it is strictly prohibited to allocate shares of property to spouses or other individuals in the will. Fourthly, if there are conflicts between multiple wills, a comprehensive judgment should be made based on the time of execution and the applicable law. For matters involving inheritance of property, it is recommended to seek professional legal advice.\nInheritance of property and division of family assetsThe service acquisition involves the review of wills and notarial documents, which can be combined togetherSpecial services and other casesFor those involved in the transfer of property ownership through inheritance, you may refer to the following information for reference.Real estate transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: Is a will that has been notarized necessarily valid?

Not necessarily. Notarization can prove the form and process of the will, but if the content is illegal, disposes of others' property, or the testator lacks the capacity to make a will at the time of making the will, it may still be deemed invalid or partially invalid.

Q2: If a person first drafts a notarized will and then writes a self-written will, which one will be considered valid?

According to the rules implemented after the implementation of the Civil Code, the last will shall prevail; if the inheritance occurs before the implementation of the Civil Code, the provisions of the original Inheritance Law on the priority of the effectiveness of notarized wills shall apply.

Q3: Can a notarized will be used to distribute the property owned by a spouse?

No. A will can only dispose of the property that the testator has the right to dispose of personally. The part that disposes of others' property is invalid. If the will involves jointly-owned real estate, the testator should first separate out the share that belongs to him/her.

Q4: How can we prove that the testator was of sound mind at the time of making the will?

The video taken at the time of signing, the witness's testimony, and the medical examination or treatment records can be preserved. The party claiming that the will is invalid shall bear the burden of proof regarding the lack of legal capacity.

Q5: If the contents of the wills conflict with each other, must we follow the latest one?

After the implementation of the Civil Code, the situation is generally governed by the last will and testament; however, it must meet the formal requirements and the content must be legal. If the last will and testament is invalid, it will not have the effect of altering the original will and testament.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or 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 relevant evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Zhu Guiying·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on 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.