[Direct answer]In the Beijing area, there is a risk of the will being deemed non-compliant with formal requirements. Article 113 of the Civil Code of the People's Republic of China clearly stipulates that a handwritten will shall be written and signed by the testator in person, with the date specified. The date is one of the statutory formal requirements. The core function of the date is to determine the time of making the will and the testator's capacity for action, and to determine the order of precedence and effectiveness when there are multiple wills. If the date is missing, once a dispute arises, the court may deny its effectiveness due to incomplete formal requirements; if it can be sufficiently corroborated by other evidence (such as videos, witnesses, and contemporaneous documentary evidence) regarding the time of making the will and the true intention, it may be accepted, but the uncertainty will significantly increase. The safest approach is to re-make a will with all formal requirements in place.

1. Problem background and typical scenarios

When an elderly person drafts a will, they often regard the date as unimportant and simply sign it. However, when inheritance disputes arise, the other party may seize on this as a pretext to challenge the validity of the will. Typical scenarios include: the will only includes a signature but no specific date; the date is written as "year and month" but not the day; the date is written by someone else; there are two wills written at different times, but neither of them specifies the date, making it impossible to determine the priority; the elderly person's capacity for legal acts gradually declines after the will is drafted, and the date becomes a key factor in determining their mental state at the time. All of the above situations will be subject to close scrutiny in inheritance litigation.\nInheritance of property and division of family assetsIn the case, whether the formal requirements are complete often precedes the review of the content.

II. Key points of dispute

First, whether the date is an essential requirement: Does its absence necessarily lead to invalidity? Second, the evidentiary role of the date: The relationship between the time of execution and legal capacity. Third, the order of effectiveness when multiple wills coexist: The last-executed will takes precedence. Fourth, the correction of the date: Whether it can be retroactively added, and the consequences of such addition. Fifth, the effectiveness of a will written by a proxy and a will written by others. Sixth, the reinforcing role of other evidence: The probative force of videos, witness testimonies, and contemporaneous documentary evidence. Seventh, the special nature of notarized wills in terms of form and effectiveness.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled a will inheritance dispute in a remarried family: Aunt Li and her remarried husband, Mr. Zhao, registered their marriage in 1984 and had a son, Zhao *6. Mr. Zhao also had five children from his previous marriage. In December 2021, Mr. Zhao passed away and left a self-written will, stating that he would leave the property at No. 101 Haidian District, Beijing and other assets to Aunt Li. The five children disputed the authenticity of the will, claiming that the elderly man was in a state of dementia when making the will and demanding that the assets be divided according to statutory inheritance laws. Aunt Li entrusted our firm's lawyers to handle the case. The focus of the case centered on three issues: the legality and validity of the self-written will, the division of marital joint property, and the nature of subsistence allowances and pensions. The lawyers argued point by point: the will met the formal requirements of a self-written will, as it was written in full by the testator, signed and dated, reflecting his true intentions; the property involved in the case was marital joint property, and Aunt Li's half should be first divided out before the remaining portion could be considered Mr. Zhao's inheritance; special hardship subsidies were part of the inheritance, while pensions and funeral expenses, which originated after the death and were not part of the inheritance, should be distributed among close relatives based on the situation of support. The court adopted the lawyers' main arguments, determining that the self-written will was legal and valid, and that the defendants failed to provide sufficient evidence to support their claims of authenticity and dementia. The court ruled that 50% of the property at No. 101 Haidian District should be inherited by Aunt Li; the special hardship subsidies of 7,000 yuan should be inherited by Aunt Li; the funeral subsidies of 5,000 yuan should be shared by Aunt Li and Zhao *6; and the pensions and condolence payments of 313,028 yuan should be distributed as follows: 44,720 yuan for Aunt Li and 44,718 yuan each for the other six heirs. In this case, the completeness of the will and the clear date of its creation were important foundations for its recognition by the court. The case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起再婚家庭的遗嘱继承纠纷：李大娘与再婚老伴赵大爷于1984年登记结婚并育有一子赵某6，赵大爷与前妻另有五名子女。2021年12月赵大爷去世，留有自书遗嘱，表示将北京市海淀区101号房产及其他财产由李大娘继承。五名子女不认可遗嘱真实性，主张老人立遗嘱时已处于痴呆状态，要求按法定继承分割。李大娘委托本所律师承办。案件焦点集中在三处：自书遗嘱是否合法有效、夫妻共有财产如何先析产、补助费与抚恤金的性质如何认定。律师逐项论证：遗嘱符合自书遗嘱的形式要件，由遗嘱人亲笔书写全文、签名并注明年月日，反映其真实意思；案涉房屋系夫妻共有，应先分出李大娘的一半，其余部分才属赵大爷的遗产；特困补助属于遗产范围，而抚恤金、丧葬费等源于死亡之后、不属于遗产，应结合赡养情况在近亲属间分配。法院采纳律师主要意见，认定自书遗嘱合法有效，被告对真实性及痴呆的主张未提交充分证据，判决101号房屋中属赵大爷的50%份额由李大娘继承；特困补助7000元由李大娘继承；丧葬补助费5000元由李大娘及赵某6享有；抚恤金、慰问金313028元由李大娘享有44,720元，余下六位继承人各享有44,718元。本案中遗嘱要件完备、日期明确，是其获得法院认可的重要基础。本案由北京恒略律师事务所代理。Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, when making a self-written will, the entire text should be handwritten, signed, and with the specific date and month noted; Second, simultaneously record a video to show the process of writing and reading the will; Third, keep the concurrent physical examination report to prove the testator's capacity for action; Fourth, for wills with missing dates, promptly make a new will with all necessary elements and note the date of its creation; Fifth, for cases involving multiple wills, clarify the revocation relationship between the later will and the previous will. Legal basis: Articles 1134 and 1142 of the Civil Code of the People's Republic of China (withdrawal and conflict resolution of wills), and Article 1143 (circumstances of will invalidation) (all effective from January 1, 2021), and the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective from January 1, 2021). For issues related to the scope of inheritance and division of assets, please refer to the relevant provisions.\nInheritance of property and division of family assetsFor matters involving the disposal 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. Henglu Law Firm's Advice

Firstly, the date is a statutory requirement, and it's not allowed to add it afterwards, as this may increase the risk of disputes. Secondly, when multiple wills coexist, the date determines the order of precedence and priority. Thirdly, video and medical examination materials can significantly reduce disputes over authenticity. Fourthly, when the will involves jointly owned property, it's necessary to first divide the assets to avoid the invalidation of some clauses. Fifthly, it's recommended to handle notarized wills under certain conditions, as they offer more stable form and legal effect. For matters related to wills and inheritance arrangements, you can consult a professional lawyer for advice.\nInheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the integration of real estate and family assets.Real estate transactions and construction projectsFor reference, you can check the section related to heritage debts and enforcementCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If the date is omitted in the will, can it be added later?

It is not recommended. Retroactively writing a will may lead to disputes over whether it was written by the testator himself and when it was written, which will weaken the probative force. The correct approach is to draw up a new will with all necessary elements, written in full by the testator and marked with the date, and to record the process on video. If the original will is indeed valuable, it can be used as supplementary evidence, but it cannot replace the new will.

Q2: Can video footage compensate for the shortcoming of not writing the date?

There may be a certain strengthening effect, but it is not enough to completely eliminate the risk. If the video can clearly show the testator reading the content and stating the time, it will help to prove the time of making the will and the true intention, but the date still needs to meet the statutory formal requirements. To be on the safe side, the will itself should be in a complete form, and the video should only be used as auxiliary evidence.

Q3: Both of the two wills don't have any dates written on them. How should we handle this?

If the content of the will is conflicting and the order of precedence cannot be determined, the court will make a comprehensive judgment based on the completeness of the form of the will, the external evidence (videos, witnesses, letters) of the time of its establishment, and the testator's capacity for action. If it is still impossible to determine the order of precedence, it may be difficult to handle the estate according to the will, and the case will then revert to statutory inheritance. The best way to avoid disputes is to clearly write down the date of establishment when drafting the will.

Q4: If the date on the will was written by someone else, is it still valid?

There is a significant risk. The date is one of the formal requirements of a handwritten will, and it should usually be written by the testator himself. If the date is written by someone else, it may be deemed non-compliant with the formal requirements. In this case, you can consider making a substitute will, with two or more witnesses present, one of whom writes it on behalf of the testator and notes the date. The substitute writer, the other witnesses, and the testator should all sign it.

Q5: Do I still need to write the date on the notarized will?

A notarized will is handled by a notary office in accordance with the law, and the notarized document itself will record the time of its establishment, making the form more standardized. According to the Civil Code of the People's Republic of China, a notarized will no longer has priority over other forms of wills. If multiple wills with conflicting contents are made, the last will made will still prevail. Handling notarization can help reduce disputes over formality.

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 relevant evidence, so as to avoid missing the statutory time limit.Legal services for inheritance·Beijing Henglue 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. If you encounter disputes, please consult a practicing lawyer in time.