[Direct answer]It should be written by the testator in their own handwriting. Article 1134 of the Civil Code of the People's Republic of China stipulates that a holographic will must be written, signed, and dated by the testator in their own handwriting, with all three formal requirements being indispensable. The full text being written in one's own handwriting is the core feature that distinguishes a holographic will from a printed will or a will prepared by a proxy. If the main text is computer-printed and only the signature and date are handwritten, it usually does not meet the formal requirements of a holographic will and may be deemed invalid, unless it meets the requirements for a printed will (with two or more witnesses present, and the testator and witnesses signing each page and indicating the date). In practice, the review of formal requirements is quite strict. When a party raises doubts, they often apply for handwriting identification. Therefore, it is recommended to write the will entirely in one's own handwriting and retain the process materials during the drafting process.

1. Problem background and typical scenarios

Old people often have difficulty writing, and their families often want to use computers to print out the will and then have the elderly sign it. This is the most common flaw in a handwritten will. Typical scenarios include: the body of the will is typed by the children, and the elderly only sign it; the will is written on multiple pages, with only the last page signed and the previous pages without signatures or dates; the will has been altered but not indicated; the elderly have difficulty writing due to hand diseases, and others write it for them but it is still treated as a handwritten will. The above situations will become the focus of disputes in inheritance litigation.\nInheritance of property and division of family assetsIn the case, the court will first review whether the form of the will is legal. If the form does not comply with the law, the court may directly deny its validity. Then, the court will determine whether the content of the will is authentic.

II. Key points of dispute

Focus One: Requirements for handwritten wills: Is it necessary to handwrite the entire document, or can some parts be printed? Focus Two: The necessity of signatures and dates: Is the will necessarily invalid if either is missing? Focus Three: Handling multi-page wills: Is it necessary to sign and date each page? Focus Four: Alterations and additions/deletions: How can they be marked without affecting the validity of the will? Focus Five: The testator's capacity for civil conduct: Did the testator have full capacity for civil conduct when making the will? Focus Six: Resolving disputes over authenticity: The role of handwriting analysis and other supporting evidence. Focus Seven: The distinction and conversion between self-written wills, printed wills, and wills prepared by others.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a case involving statutory inheritance and the validity of a will: Zhao Daiqiang and his wife Liu Shufen had five children. Liu Shufen died in 2003, and Zhao Daiqiang passed away on March 10, 2022. In 2018, the family's house was expropriated, and they received a demolition compensation of over 16.82 million yuan. After the family agreement was implemented, Zhao Daiqiang received 9.82 million yuan and deposited it into his son Zhao Dahai's account. In 2023, three plaintiffs sued on the grounds that Zhao Daiqiang did not leave a will, demanding that the compensation, rent, deposits, and pensions be divided according to statutory inheritance. Zhao Dahai's side appointed our firm's lawyers, arguing that Zhao Daiqiang had left a valid self-written will and that the inheritance should be entirely inherited by his grandson Zhao Ming. The plaintiffs questioned the first page of the will lacking a signature, the content contradicting the diary, and the possibility of coercion during the will-making process. The lawyers' responses focused on three points: first, the will's form was legal and its content was authentic, as confirmed by forensic appraisal showing consistent signatures and the will being written by Zhao Daiqiang himself with the date and month noted; second, the video of the will's reading provided evidence that he was mentally competent and expressed his intentions voluntarily; third, the demolition compensation had been distributed through a division agreement before his death, and the corresponding portion of his personal share no longer constituted inheritance, and the donee had made an acceptance within the statutory time limit. The court adopted the above arguments, ruling that the will was legally valid and awarding the 7.65 million yuan in demolition compensation and the balance in Zhao Daiqiang's bank account to Zhao Ming, rejecting the plaintiffs' other claims. This case demonstrates that the validity of a self-written will ultimately hinges on the evidence chain of formal requirements and true intentions. The case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起法定继承与遗嘱效力交织的案件:赵大强与刘淑芬夫妇育有五名子女,刘淑芬于2003年去世,赵大强于2022年3月10日去世。2018年房屋被征收,获拆迁补偿款1682余万元,家庭协议分配后赵大强个人分得982余万元,存入其子赵大海账户。2023年,三名原告以赵大强未立遗嘱为由起诉,要求按法定继承分割该笔款项、租金、存款及抚恤金。赵大海一方委托本所律师,主张赵大强生前留有合法自书遗嘱,遗产应全部由其孙赵明继承。原告质疑遗嘱第一页无签名、内容与日记矛盾、立遗嘱时可能受胁迫。律师应对集中在三点:一是遗嘱形式合法、内容真实,经司法鉴定确认签名字迹一致,且遗嘱由赵大强亲笔书写并注明年月日;二是宣读遗嘱的视频资料佐证其当时精神清醒、意思表达自愿;三是拆迁补偿款生前已通过分款协议分配,个人份额相应部分已不属于遗产,且受遗赠人在法定期限内作出了接受表示。法院采纳上述意见,认定遗嘱合法有效,判决赵大强名下765余万元拆迁补偿款及银行账户余额归赵明所有,驳回原告其他诉讼请求。本案说明,自书遗嘱的效力之争最终落在形式要件与真实意思的证据链上。本案由北京恒略律师事务所代理。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, try to write the entire will by hand, avoiding signing it after printing it; Second, sign the entire will and specify the specific date, rather than using vague expressions; Third, sign and date each page of the multi-page will to prevent disputes over page replacement; Fourth, if there are any alterations, sign and date the altered parts; Fifth, simultaneously record a video or retain medical examination materials to corroborate the testator's capacity for action and voluntariness; Sixth, for complex content, consider notarizing the will. Legal basis: Article 1134 of the Civil Code of the People's Republic of China (handwritten wills), Article 1135 (proximate wills), Article 1136 (printed wills), and Article 1143 (cases of invalid wills) (all effective from January 1, 2021). For matters involving the scope of inheritance and division of assets, please refer to the relevant provisions.Inheritance of property and division of family assetsFor matters involving the disposition of real estate, you may refer to the following for reference.Real estate transactions and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the key to a handwritten will is that it must be written by the testator himself. Signing it after printing it carries a high risk. Secondly, both the signature and the date are indispensable. Omitting the date is often deemed as non-compliance with formal requirements. Thirdly, it is advisable to sign and date each page of a multi-page will. Fourthly, keeping records of the drafting process can play a crucial role in disputes over authenticity. Fifthly, those who have difficulty writing can opt for a substitute will or a notarized will instead of forcing themselves to write one. For matters involving wills and inheritance arrangements, it is recommended to seek professional legal advice.Inheritance of property and division of family assetsWe provide a comprehensive solution for services, which involves the integration of real estate and project paymentsReal estate transactions and construction projectsFor reference, you can check the section on inheritance debts and enforcement in the bookCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If the main body of the will is printed on a computer, and the elderly person signs it by hand after the main body, is this considered a self-written will?

Generally, it is not considered valid. A handwritten will requires that the entire text be written by the testator in their own handwriting. Printing the main text and adding a handwritten signature usually does not meet the formal requirements of a handwritten will and may be deemed invalid. If it is necessary to use a printed version, the testator should, in accordance with the requirements for a printed will, invite two or more witnesses to be present, and the testator and witnesses should sign each page and indicate the date on it.

Q2: If a handwritten will doesn't have a date, is it still valid?

There is a risk that the form of the will may not meet the legal requirements. According to Article 1134 of the Civil Code of the People's Republic of China, indicating the date is a statutory formality for a handwritten will. The absence of a date may affect the validity of the will, especially when there are multiple wills that need to be judged in terms of priority. It is recommended to re-standardize the drafting of a will with all necessary elements to avoid disputes.

Q3: If the signature of the elderly person is different from their usual one, will it be deemed invalid?

Not necessarily. If there are doubts about the authenticity of the signature, the parties may judge based on handwriting identification combined with contemporaneous writing samples; at the same time, they may submit video recordings of the will-making process, medical examination reports, and witness testimonies to corroborate the authenticity of the expression of intent. If the objecting party lacks sufficient evidence, the court usually does not accept their claims, but it is still recommended to fix the evidence in advance to reduce risks.

Q4: Can a handwritten will dispose of all of the couple's jointly owned property?

No. The couple's joint property should first be divided into the spouse's share, and the testator can only dispose of the share that belongs to him/her. If the testator disposes of the spouse's share, the content of that part is usually invalid. The part that disposes of other people's property will also not take effect. Before making a will, it is necessary to clarify the ownership and share of the property to avoid the invalidity of some clauses affecting the overall execution.

Q5: Do I need a witness for a handwritten will?

No, it's not necessary. A handwritten will can be written, signed, and dated by the testator himself/herself, without the need for witnesses. Witnesses are required for typed wills, printed wills, audio/video wills, and oral wills. If you're worried about disputes over authenticity in the future, you can record the process yourself or arrange for notarization, but you can't replace the requirement of handwritten signature with 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 the 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, to avoid missing the statutory time limit. →Inheritance legal services·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. If you encounter disputes, please consult a practicing lawyer in time.