[Direct answer]In the Beijing area, the illegal parts of the will are invalid, but the rest of it remains valid. Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that the will made by a person with no or limited capacity for civil conduct is invalid; the will must express the testator's true intention, and the will made under fraud or coercion is invalid; the forged will is invalid; and the amended part of the will is invalid. In addition, the part of the will that disposes of state, collective, or others' property is invalid. Consequently, the estate involved in the invalid part will be handled in accordance with statutory inheritance, and the validity of the remaining legal parts of the will will not be affected, that is, the will may be deemed partially invalid rather than entirely invalid. If the content of the will violates mandatory legal provisions or public order and good customs, such as attaching illegal conditions or depriving heirs who lack working capacity and have no sources of livelihood of their necessary shares, the relevant parts may also be deemed ineffective.

1. Problem background and typical scenarios

The content of the will is illegal, which is a relatively hidden issue of legal effect in inheritance disputes. There are three typical scenarios: First, the will disposes of the spouse's or others' property, exceeding the boundaries of exercising rights; Second, the will attaches illegal or immoral conditions, such as obtaining the inheritance on the condition that the other party does not marry or visit; Third, the will fails to reserve the necessary share for the inheritor who lacks working capacity and has no source of livelihood. In the judicial practice of Beijing, the court usually first examines whether the form of the will is legal, then examines whether the content is legal and effective, and distinguishes between the overall invalidity and the partial invalidity.

II. Key points of contention

Firstly, whether the content of the will is illegal, resulting in the entire will being invalid or only part of it being invalid. Secondly, whether the conditions attached to the will are illegal and whether they can be implemented. Thirdly, how the mandatory reserved share system applies. Fourthly, how to determine the validity of a will that has been tampered with or forged. Fifthly, according to what rules should the assets of the invalid part of the will be distributed. The core issue is to precisely define the scope of illegality, allowing the will to continue to play its role within its legal boundaries, rather than simply rejecting it entirely.

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 importance of double review of both content and form. In this case, the heir claimed to inherit the house based on the testament written by the decedent, while the other party entrusted our lawyers to defend against the claim. After reviewing the case, our lawyers pointed out that according to the provisions of the Inheritance Chapter of the Civil Code, where there is a testament, the inheritance shall be in accordance with the testament. In this case, the house is a marital joint property, and the testator can only dispose of his or her own share and has no right to dispose of the spouse's share. The testament held by the other party exceeds the scope of disposition rights, and the relevant parts cannot take effect. In addition, the other party also has a document that can only dispose of his or her own share, which also cannot apply to other people's property. The court adopted our lawyers' opinion, determined that the disposition of the testament beyond the scope was invalid, and determined the share each heir should receive according to the rules. This case shows that whether a testament is valid depends not only on whether the formal requirements are complete, but also on whether the content exceeds the scope. The illegal part will be removed, but the legal part should still be respected. This 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, confirm the ownership of the property before making a will, and only dispose of the property that the individual has the right to dispose of; Second, carefully set the conditional content to avoid adding conditions that are illegal or against public order and good customs; Third, reserve the necessary share for heirs who lack the ability to work and have no source of livelihood; Fourth, properly preserve the original will to prevent it from being tampered with or forged; Fifth, in the event of a dispute, the heir may claim rights to the share of the invalid part in accordance with the law of succession. For matters involving will inheritance and effectiveness determination, you may refer to the relevant provisions of the Inheritance Law of the People's Republic of China.Inheritance of property and division of family assetsFor matters involving document review and notarization, you may refer to the following for guidance:Special services and other casesLegal basis: Articles 1122, 1141, 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 rulings.

5. Henglu Law Firm's Reminder

Firstly, the part of the content that is illegal is invalid, but the rest of it is still valid. Secondly, do not dispose of other people's property or their shares in jointly owned property. Thirdly, the conditions attached must be legal and cannot violate public order and good morals. Fourthly, don't forget to reserve a necessary share for those who lack the ability to work and have no source of livelihood. For inheritance plans involving estate inheritance, you can consult a lawyer for advice.\nInheritance of property and division of family assetsThe service acquisition involves the review and notarization of will documents, which can be combined togetherSpecial services and other casesFor the disposal of real estate in the estate, you can refer to the following information for reference.Real estate transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: If the content of the will is illegal, is the entire will invalid?

Generally, it's not the case. The illegal part is invalid, but the rest of the will that complies with the law remains valid; the assets involved in the invalid part will be handled in accordance with the statutory inheritance law.

Q2: Is it valid to add a condition in the will that the inheritance will only be given if the beneficiary does not get married?

Such conditions that restrict personal freedom or violate public order and good morals are usually ineffective, and the content of the condition may be deemed invalid.

Q3: What will happen if the will disposes of the spouse's property?

The portion of the estate allocated to the spouse is invalid, and the spouse's property shall be dealt with in accordance with his or her will or statutory inheritance; the testator can only make arrangements for his or her own share of the estate.

Q4: What should I do if the will doesn't leave a share for the heirs who have no source of income?

The necessary share of the inheritance should be reserved for them; if the will does not make such a provision, the necessary share should be set aside for them according to law when handling the inheritance, so as to guarantee their basic living needs.

Q5: Is the content of the will that has been tampered with still valid?

The tampered content is invalid, but the unaltered parts can still be effective. If the tampering affects the determination of the true meaning, the court will make a comprehensive judgment based on other evidence.

The above questions and answers are mainly based on the judicial practice in the Beijing area. 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. →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 public 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.