[Direct answer]In principle, some parts of the will are invalid. Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if the will disposes of property owned by the state, collectives, or others, those parts of the content are invalid. That is to say, the will can only take effect within the scope of the testator's personal property. The parts that dispose of others' property do not produce the effect of the will, and the property involving others will still be handled in accordance with the rules of co-ownership or ownership. A common situation is a couple's jointly owned property: if one party designates the entire house in the will to be inherited by someone, it is actually only effective for his or her own share, and the spouse's share will not be transferred by the will. For jointly owned property, the share belonging to the testator should first be separated out according to law, and the arrangements made in the will for that share will be effective. Therefore, it is necessary to clarify the ownership of the property before making a will, distinguishing between personal property, marital joint property, and others' property, so as to avoid the invalidation of part or all of the will due to disposing of property beyond the scope of authority.

I. Problem Background and Typical Scenarios

Disposing of others' property in a will is a common issue of legal effect in inheritance disputes. There are three typical scenarios: first, when one spouse makes a will, they leave the entire house registered in their own name but actually owned by the couple to a certain child; second, they include in the will property that has already been gifted or sold to others and whose ownership has been transferred; third, they dispose of assets owned jointly with others as personal property. In the judicial practice of the Beijing area, such disputes often intertwine with real estate inheritance and family property division. The key lies in first determining the ownership of the property and then judging the scope of the will's legal effect.

II. Key points of contention

First, is the disposition of others' property in the will invalid as a whole or partially invalid? Second, how to determine the testator's own share in the couple's jointly owned property? Third, can property whose ownership has already been disposed of be further arranged through the will? Fourth, what rules should be followed to handle the portion of property that is partially invalid? Fifth, how to prove that the property actually belongs to others rather than the testator? The core issue is to limit the scope of invalidity to the excess portion, allowing the will to remain effective within the scope of the testator's right to dispose of property.

III. Professional analysis by Henglue Law Firm

Based on the inheritance cases handled by Henglue Law Firm, we can use a real case to illustrate the consequences of disposing of others' shares. In this case, the couple of the decedent passed away successively. The two of them had jointly executed a notarized will, stipulating that the decedent's share of the jointly owned house would be inherited by their daughter, with an obligation to pay compensation to their son. Subsequently, one of them unilaterally executed a self-written will, leaving the entire house to their son. The lawyer representing the daughter pointed out that the house was the couple's jointly owned property, and the testator could only dispose of his/her own share. After the spouse's death, the other party had no right to unilaterally change the spouse's share, and the relevant self-written will could not take effect on this part. The court adopted this view, 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. This case reminds us that the disposition of jointly owned property in a will must be based on the separation of individual shares, and any arrangements exceeding this share will be legally invalid. If the entire jointly owned property is designated to one person, the arrangements exceeding his/her own share cannot be legally implemented. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 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, distinguishing personal property, marital joint property, and other people's property; Second, for jointly-owned real estate, first separate out the individual share and then make arrangements; Third, property that has been disposed of or whose ownership has been transferred shall no longer be included in the will; Fourth, for arrangements that may trigger disputes, keep the proof of obtaining the property and the source of ownership; Fifth, if it is found that the will disposes of other people's property beyond its scope, it can claim the invalidity of that part and deal with that share in accordance with the law. For matters involving inheritance by will and division of family property, you can refer to the relevant provisions of the Inheritance Law of the People's Republic of China and the Marriage and Family Code of the People's Republic of China.Inheritance of property and division of family assetsFor matters concerning the ownership of real estate and the transfer of ownership, you may refer to the following for reference.Property transactions and construction projectsLegal basis: Articles 1122, 1133, and 1143 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglu Law Firm's Reminder

Firstly, a will can only dispose of one's own property, and any part exceeding that will be invalid. Secondly, for jointly owned property, the shares must be separated out first before making a will. Thirdly, property whose ownership has already been transferred cannot be further arranged by a will. Fourthly, the invalidity of a part of the will does not affect the validity of the remaining part of the will. For inheritance planning related to estate inheritance, you can consult a professional lawyer for advice.Inheritance of property and division of family assetsThe acquisition of services, which involves the ownership of real estate and the transfer of ownership, can be combined togetherProperty transactions and construction projectsFor reference, you can check the review and notarization of will documents.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: Is it valid to leave the spouse's house to the children in the will?

The spouse's share cannot take effect. A will can only dispose of personal property. Any part of the will that disposes of the spouse's or others' property is invalid. If the will involves jointly owned real estate, the personal share should be separated out first.

Q2: If the property is jointly owned by a couple, can one spouse make a will to give all the property to one child?

It is only valid for the spouse's own share. The share belonging to the spouse in the entire house will not be transferred by the will, and the spouse's share should be dealt with according to his/her will or statutory inheritance.

Q3: If a will disposes of another person's property, is the entire will invalid or only part of it?

Generally, some parts of the will are invalid. The content that exceeds the testator's right to dispose of the estate is invalid, but the remaining parts of the will that meet the requirements are still valid.

Q4: Can a house that has already been sold be included in a will?

It cannot produce legal effect. If the ownership of the property has already been transferred, the testator no longer has the right to dispose of the property when making the will, and the relevant arrangements will not produce the legal effect of the will.

Q5: How to prove that the property is not the testator's?

You can submit ownership registration, investment certificates, joint ownership agreements, divorce agreements, or sales contracts, etc. to prove that the property belongs to others or is jointly owned, and thus claim that the corresponding part is invalid.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits.Legal services for inheritance·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current 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.