[Direct answer]In the Beijing area, it is necessary to distinguish between amendments and revocations. The original witnesses are generally no longer applicable to the amended will. According to Article 1142 of the Civil Code of the People's Republic of China, a testator may revoke or amend a will that he or she has made; if there are several wills with conflicting contents, the latest will shall prevail. If the original will is substantially amended, the amended part shall be subject to the new will, and the new will shall meet the corresponding formal requirements again, including the requirement that a testamentary will be signed by two or more witnesses in the presence of the testator. The original witnesses only have the function of proving the process of making the original will and cannot continue to prove the effectiveness of the new will. If only partial adjustments are made to the divisible part, the unchanged part may still be executed according to the original will, but attention should be paid to the identification of conflicts of effectiveness. After the amendment, the legality of the new will shall prevail, and the original witnesses cannot replace the formal requirements of the new will.

I. Problem Background and Typical Scenarios

A will is not final upon its execution. The testator may modify the will due to changes in family circumstances, property ownership, or a shift in their wishes, which can lead to a series of disputes. Typical scenarios include: an elderly person first executes a notarized will, then changes the ownership of the property in a handwritten self-written will; multiple wills with conflicting content, with each heir holding a copy and claiming rights; the testator making alterations or additions to the will without re-signing and indicating the date; believing that an oral modification of the original will is sufficient; and using the same witnesses for the modified will as those for the original will without obtaining new witness signatures. When adjudicating such cases in Beijing, the court typically first reviews the formal requirements of each will, then compares the execution time and content to determine which version should prevail.

II. Key points of contention

First, the difference between amending and revoking a will, and what constitutes an amendment. Second, how to determine the order of effectiveness when multiple wills conflict, and which takes precedence between time and form. Third, whether it is necessary to have the amended will witnessed and signed again with the date noted. Fourth, the legal consequences of altering, adding, or deleting the original will. Fifth, whether the original witnesses of the new will automatically continue to be valid. Sixth, special handling when amendments involve joint wills or marital jointly owned property.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled an inheritance case closely related to the validity of a will: The decedent made a self-written will before his death, leaving the house to his spouse and requiring the siblings to pay a total of 1 million yuan after selling the house. However, a dispute arose over the way of executing the will and the relationship with the original document, and the siblings sued to request immediate auction and division of the compensation. After taking on the case, the lawyer focused on reviewing the consistency between the form and content of the will, providing evidence that the self-written will was written by the decedent himself, signed and dated, and citing Article 1134 of the Civil Code of the People's Republic of China to argue that it was legally valid. At the same time, the lawyer organized evidence on the scope of the estate and the conditions of execution, and proposed a plan of transferring ownership first and deferring payment. The court adopted the lawyer's opinion, determined that the will was valid, and approved the installment arrangement. This case reminds us that the validity of a will ultimately depends on the review of formal requirements and the time of its establishment. Any changes must meet the corresponding formal requirements again, and the original witnessing and old texts cannot be automatically continued to apply. 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 the agent.

IV. Practical Suggestions and Legal Basis

Action list: First, if you want to amend your will, it's best to redraft it and fully comply with the formal requirements. Do not make any alterations to the original will. Second, a self-written will must be written, signed, and dated by the testator in person. A notarized will must be witnessed and signed by two or more witnesses who have no vested interest in the matter. Third, when multiple wills exist, keep the original and the evidence of the date of execution, and clarify which one is the latest. Fourth, if it involves a notarized will, it's advisable to amend it through notarization again to reduce disputes. Fifth, after the amendment, keep it safely and inform trusted people to avoid loss. Sixth, when disputes arise, fix the evidence in time and seek professional representation. For disputes involving the validity of the will and inheritance, you can refer to the relevant provisions.Inheritance of property and division of family assetsFor matters concerning family property arrangements, you may refer to the following for reference.Divorce litigation and family disputesLegal basis: Articles 1134, 1135, 1140, and 1142 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. Henglue Law Firm's Reminder

Firstly, amending a will cannot be done verbally or by making random alterations. The formal requirements must be met again. Secondly, the original witnesses only attest to the process of making the original will, and their testimony does not extend to the new will. Thirdly, in the event of conflicts between multiple wills, the latest one shall prevail, and time-based evidence is crucial. Fourthly, it is advisable to have the amendment of a notarized will notarized again to avoid disputes over its legal effect. If you are currently facing similar issues, you can seek assistance through the following channels:Inheritance of property and division of family assetsYou will receive a comprehensive service package, which can be combined with the management of your family's assets.Divorce litigation and family disputesFor plates involving property investigation and control, you can refer to the relevant content for reference.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Is the original witness still valid after the will has been amended?

Generally, it is no longer applicable to the amended content. The original witness can only prove the process of making the original will, and the new will must meet the corresponding formal requirements again, including witnessing, signing, and indicating the date, etc.

Q2: Which of the multiple wills takes precedence?

If there are several wills with conflicting contents, the latest will shall prevail; if there are both notarized wills and wills in other forms, the determination shall be made based on the time of making and the formal requirements of the wills.

Q3: Is it valid to make alterations to a will?

If a will is amended, added or deleted by the testator himself/herself without being re-signed and dated in accordance with the legal requirements, the amended parts are usually difficult to take effect. In severe cases, it may affect the recognition of the entire will. It is recommended to draw up a new will.

Q4: Does an oral amendment to a will count as valid?

An oral will may only be valid in emergency situations and when there are more than two disinterested witnesses present to witness it. If the emergency situation is resolved and the testator is able to make a will in writing or by audio or video recording, the oral will will become invalid.

Q5: Do I need to notify the original witnesses if I want to amend my will?

The law does not require that the original witnesses be notified, but if the new will is in the form of a power of attorney, audio or video recording, etc., it is necessary to invite qualified witnesses to witness and sign it again. The original witnesses cannot automatically replace the new witnesses.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yuan Hang·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. In the event of a dispute, please consult a practicing lawyer in a timely manner.