[Direct answer]In the Beijing area, the work is mainly focused on two main aspects: the validity of the will and the scope of the estate. According to the Inheritance Chapter of the Civil Code of the People's Republic of China, lawyers usually need to: first, review the formal requirements of the will, including the signature, date, and witnessing requirements of various types of wills, such as self-written, proxy-written, audio-visual, and notarized wills; second, verify the civil capacity of the testator at the time of making the will and the authenticity of his/her intention; third, determine the scope of the estate, distinguishing the personal property of the decedent from the joint marital property and family common property; fourth, sort out the relationships and succession order between the statutory heirs, testamentary heirs, and legatees; fifth, organize evidence around the burden of proof, represent clients in litigation, or strive for a division plan in mediation; sixth, handle the enforceability of the repayment of estate debts and the fulfillment of the conditions of the will. The review focus of different types of wills is different. When there are conflicts between multiple wills, it is also necessary to compare the time of making and the validity of the wills. Professional intervention can significantly improve the completeness of evidence and reasoning.

1. Problem background and typical scenarios

Wills inheritance disputes often arise after the death of a loved one, with the focus of the disputes on whether the will is valid, the scope of the estate, and who has the right to inherit. Typical scenarios include: conflicting contents of multiple wills, each of which is claimed by the notarized will and the self-written will; the will is unsigned or missing a date; one party claims that the testator was ill or lacked full capacity when making the will; the estate includes both the couple's joint property and others' property; and the will contains conditions that the heirs are unable to fulfill. When adjudicating such cases in Beijing, the court conducts a more meticulous review of the formal requirements and expressions of intent, and the way the evidence is organized directly affects the outcome.

II. Key points of contention

First, whether the formal requirements of the will are complete, and what are the differences in the review focus of various types of wills. Second, the burden of proof for the testator's capacity for action and true intention. Third, the definition of the scope of the estate and how to separate out the joint property. Fourth, how to determine the order of effectiveness when multiple wills conflict. Fifth, the performance of the will with obligations and the consequences of non-performance. Sixth, the order of repayment of the estate's debts and the scope of the heirs' responsibilities.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a case of inheritance by will: The decedents, Wang Zhiguo and Zhang Hua, purchased a house together and both passed away. In 2002, the couple jointly executed a notarized will, stipulating that their shares would be inherited by their daughter and attaching an obligation to pay a certain amount to their son. In 2006, Zhang Hua executed a self-written will, leaving the entire house to their son. The son's son then sued to claim the inheritance. The lawyer, who was entrusted to represent the daughter's side, comprehensively reviewed the evidence and argued that the legal facts giving rise to the inheritance occurred before the implementation of the Civil Code, so the then-effective Inheritance Law of the People's Republic of China should be applied. According to that law, self-written, notarized, audio, and oral wills cannot revoke or modify a notarized will. Moreover, since the husband had already passed away, Zhang Hua had no right to unilaterally change her share. The court adopted the lawyer's argument, determining that the notarized will was valid and the self-written will could not be revoked, and dismissed all the plaintiff's claims. This case highlights that the review of the validity of a will must pay attention to the temporal effect of legal application and the testator's right of disposition. The combination of evidence and legal application is the key to winning or losing the case. This case was handled by Beijing Henglue Law Firm.Zhu GuiyinAttorney (Practice Certificate No.: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action list: First, fix the original will and the materials of the will-making process as soon as possible to avoid loss or tampering; Second, verify the testator's health status and capacity for action at the time of making the will; Third, define the scope of the estate and distinguish between personal property and joint property; Fourth, sort out all the heirs and legatees and clarify the order of succession and shares; Fifth, pay attention to the performance of the debt of the estate and the clauses with obligations; Sixth, apply for property preservation when necessary to prevent the estate from being transferred. For inheritance disputes and estate division, you can refer to the relevant provisions of the Inheritance Law of the People's Republic of China and the judicial interpretations thereon.Inheritance of property and family property division; For reference, please refer to the sections involving property investigation and enforcement.Creditor's rights and debts, and enforcementLegal basis: Articles 1123, 1127, 1133, 1134 to 1144, and 161 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 Advice

Firstly, the review of the validity of a will not only considers the form, but also the capacity for action and the true intention at the time of its establishment. Secondly, the temporal validity of the law is easily overlooked, and there are differences in the rules before and after the implementation of the Civil Code. Thirdly, the scope of the estate must first be identified as the portion of jointly owned property. Fourthly, the performance of obligations attached to the will and the debts of the estate will affect the final distribution. If you are currently facing similar issues, you can seek assistance throughInheritance of property and family property divisionThe service obtains an overall solution, which involves the integration of property preservation and enforcementCreditor's rights and debts, and enforcementFor plates, you can refer to the agreements on family property for referenceDivorce litigation and family disputesColumn.

VI. Frequently Asked Questions

Q1: What do lawyers specializing in inheritance disputes mainly do?

It mainly includes: reviewing the formal requirements and validity of the will, verifying the testator's capacity for action, defining the scope of the estate, sorting out the order of succession, organizing evidence and representing clients in litigation or mediation, and handling the debts of the estate and clauses with obligations. The lawyer's work runs through evidence, legal application, and scheme design, with the aim of ensuring that the content of the will is legally and effectively implemented or reasonably adjusted.

Q2: Which of the multiple wills should prevail in the event of a conflict?

After the implementation of the Civil Code, if there are several wills with conflicting contents, the latest will shall prevail, and notarized wills will no longer be given priority by default. However, for inheritance facts before the implementation of the Civil Code, the laws at that time still apply, and the priority rule for notarized wills may still be applicable. When making a judgment, it is necessary to take into account the time of making the will, the formal requirements, and the applicable laws.

Q3: What should I do if I suspect that the testator was not of sound mind at the time of making the will?

You can submit evidence such as medical records, diagnostic materials, nursing records, and witness statements. If necessary, apply for a judicial appraisal to prove that you did not have the corresponding capacity for civil conduct at the time of making the will. The burden of proof lies with the party claiming that the will is invalid. The more specific and convincing the evidence is, the better. You can also judge whether the content of the will is reasonable based on the overall situation.

Q4: Do I need to divide the property in the will with my spouse?

It is necessary to first define the ownership. If the property is the personal property of the inheritor, it can be disposed of according to the will; if it is the couple's joint property, the spouse's share should be separated out first, and only the inheritor's share should be dealt with according to the will or statutory inheritance. It is recommended to submit the purchase certificate, registration information, and materials on marital status to determine the ownership.

Q5: Is it necessary to apply for property preservation in inheritance disputes?

When there is a risk of inheritance being transferred, sold, or hidden, it is recommended to apply for preservation in a timely manner. You can submit clues about the inheritance and evidence of the risks, and apply for seizure and freezing before or during the litigation. Preservation helps to ensure the enforcement of future judgments, but you need to pay attention to the application conditions and guarantee requirements to avoid inappropriate preservation leading to liability.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 limit.Legal services for inheritance succession·Attorney Zhu Guiyin·Beijing Henglu 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.