[Direct answer]In the Beijing area, yes, every page must be signed and marked with the year, month, and day. Article 113 of the Civil Code of the People's Republic of China stipulates that a printed will shall be witnessed by two or more witnesses, and the testator and witnesses shall sign each page of the will and mark the year, month, and day. Signing each page is a mandatory formal requirement, and it is not acceptable to only sign the last page; if only some pages are signed, it is usually deemed invalid due to non-compliance with legal formalities. In addition, witnesses must meet legal qualifications, and heirs, legatees, and individuals with an interest in the heirs or legatees cannot serve as witnesses. The requirements for a printed will are higher than those for a handwritten will, and it is recommended to videotape the entire process of its preparation and have witnesses testify in court to preserve evidence.
I. Problem Background and Typical Scenarios
It's becoming increasingly common for elderly people to write wills on computers, but most people don't understand the formal requirements for printing wills. Typical scenarios include: the will consists of three pages, with only the last page signed; the testator and witnesses only sign the last page, leaving the first two pages blank; the witnesses are relatives of the children or spouses, who are interested parties; the content of the will only states that someone is authorized to handle all matters, without explicitly naming the heirs; and the witnesses did not witness the entire process of making the will. All of these flaws will be reviewed one by one in inheritance litigation.Inheritance of property and division of family assetsIn this case, the formal requirements are the first step in determining the validity of the contract.
II. Key points of contention
Focus One: The scope of page-by-page signature: whether it includes pages with no substantive content. Focus Two: The number and qualifications of witnesses: more than two and without any conflicts of interest. Focus Three: The witnessing process: whether they were present throughout the entire process and whether signatures can be added later. Focus Four: The clarity of the content: whether the heirs and the scope of the property are specified. Focus Five: The testator's capacity for civil conduct: whether they had full civil capacity at the time of making the will. Focus Six: The authenticity of the printed text: whether there are page swaps or alterations. Focus Seven: Whether defects can be corrected and the consequences of invalidation (reverting to statutory inheritance).
III. Professional analysis by Henglue Lawyers
Henglue Law Firm once handled a dispute over testamentary succession. The decedent, Wang Dashan, and his second wife, Liu Shufen, had two sons, Wang Zhihai and Wang Zhichuan, and a daughter, Wang Shuhui, from his previous marriage. Wang Dashan died on September 25, 2008, and Liu Shufen died on March 18, 2024. The disputed assets included two properties registered under Wang Dashan's name, bank deposits, and pension benefits. Wang Zhihai held a printed will dated August 8, 2008 (stipulating that all assets should be handled by Liu Shufen and that the children had no right to interfere) and Liu Shufen's holographic will dated December 8, 2019, claiming that he should inherit all the assets. Wang Zhichuan entrusted our firm's lawyers to argue that the wills did not comply with legal formalities or had invalid content, and the inheritance should be divided according to legal provisions. The lawyers' arguments were divided into three aspects: First, the printed will consisted of three pages. The first two pages lacked the testator's signature, witness signatures, and dates, failing to meet the formal requirements that each page of a printed will must be signed and dated. Moreover, the content only stipulated that all assets should be handled by Liu Shufen and did not specify the heirs, rendering it invalid. Second, although Liu Shufen's holographic will was authenticated as signed by her, there were doubts about her legal capacity at the time of making the will, and she had no right to dispose of Wang Dashan's inheritance share, only her own. Third, the plaintiff omitted the heir Wang Shuhui, who, as the daughter of Wang Dashan and his first wife, legally enjoyed the right of inheritance and should have participated in the division of assets. The court adopted some of the core arguments, ruling that Wang Dashan's printed will failed to meet formal requirements and lacked clear heirs, rendering it invalid. Liu Shufen's holographic will reflected her true intention, but she could only dispose of her own share. The court awarded Wang Zhihai three-quarters of each property, Wang Zhichuan and Wang Shuhui one-eighth each, and Liu Shufen's bank deposits to Wang Zhihai, with the pension benefits to be equally divided between Wang Zhihai and Wang Zhichuan. This case highlights the importance of the formal requirement that a printed will must be signed on each page. The case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起遗嘱继承纠纷:被继承人王大山与刘淑芬系再婚夫妻,育有二子王志海、王志川,王大山与前妻另育有一女王淑慧。王大山于2008年9月25日去世,刘淑芬于2024年3月18日去世,争议财产为登记在王大山名下的两套房产、银行存款及抚恤金。王志海持王大山2008年8月8日打印遗嘱(载明所有财产由刘淑芬全权处理,子女无权干涉)及刘淑芬2019年12月8日代书遗嘱,主张全部遗产由其继承。王志川委托本所律师,主张遗嘱不符合法定形式或内容无效,应按法定继承分割。律师的论证分为三层:其一,该打印遗嘱共三页,前两页既无立遗嘱人签名,也无见证人签名及日期,违反了打印遗嘱应当逐页签名并注明年月日的形式要件,且内容仅表述由刘淑芬全权处理,未明确指定继承人,应属无效;其二,刘淑芬的代书遗嘱虽经鉴定签名为本人所签,但其订立时行为能力存疑,且无权处分王大山的遗产份额,仅能处分其自有份额;其三,原告遗漏了继承人王淑慧,王淑慧作为王大山与前妻之女依法享有继承权,应参与分割。法院采纳部分核心意见,认定王大山的打印遗嘱不符合形式要件且未明确继承人,无效;刘淑芬的代书遗嘱体现其真实意愿,但仅能处分自有份额;判决王志海享有两套房屋各四分之三份额,王志川与王淑慧各享有八分之一份额,刘淑芬的银行存款归王志海,抚恤金在王志海与王志川之间平均分配。本案集中体现了打印遗嘱逐页签名这一形式要件的分量。本案由北京恒略律师事务所代理Li YonghuiThe lawyer (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: 1. When printing a will, the testator and all witnesses must sign each page and indicate the date and year; 2. Select witnesses who have no interest in the inheritance to avoid relatives acting as witnesses; 3. Conduct full video recording to document the witnesses' presence and the testator's expressions; 4. Clearly state the content of the will, including the heirs, the scope of the estate, and the shares; 5. Retain the contact information of the witnesses and, if necessary, allow them to testify in court. Legal basis: Article 1136 of the Civil Code of the People's Republic of China (printed wills), Article 1135 (written wills), Article 1140 (qualifications of witnesses), Article 1143 (cases of invalid wills) (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 matters involving the scope of the estate and division of assets, please refer to the relevant provisions.Inheritance 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 Reminder
Firstly, it is a mandatory requirement to sign the will on each page, and it is extremely risky to only sign on the last page. Secondly, the witnesses cannot be the inheritors or interested parties. Thirdly, the content must clearly specify the inheritors and their shares. Vague expressions are easily deemed invalid. Fourthly, video recording can effectively address future disputes over authenticity. Fifthly, if the will is deemed invalid, it will revert to statutory inheritance, and the outcome may differ greatly from the testator's intentions. For matters involving wills and inheritance arrangements, you can seek assistance from a professional legal team.\nInheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the integration of real estate and family assetsReal estate transactions and construction projectsFor reference, you can check the section related to inheritance debts and enforcementCreditor's rights and debts, and enforcementColumn.
VI. Frequently Asked Questions
Q1: If I only sign the last page of the printed will, is it still valid?
It is usually invalid. According to Article 1136 of the Civil Code of the People's Republic of China, the testator and the witnesses shall sign and indicate the date on each page of the will. Signing only on some pages is a violation of formal requirements. Since there is a risk of page replacement and tampering, the court generally deems it invalid, and the estate will be handled in accordance with the statutory succession.
Q2: How many witnesses are required to print a will?
More than two witnesses are required to be present to witness the process. The witnesses must meet the legal requirements: those who lack capacity for civil conduct or have limited capacity for civil conduct, as well as heirs, legatees, and individuals who have a vested interest in the heirs or legatees, are all ineligible to serve as witnesses. It is recommended to select third parties who have no vested interest in the family and to keep their contact information on hand for possible court appearances.
Q3: If the witnesses are the children, is the will still valid?
There is a risk that the will may be deemed invalid. Children are inheritors and cannot legally act as witnesses to the will; if the will is only witnessed by children, its validity may be affected due to the unqualified witnesses. It should be witnessed by someone who has no interest in the inheritance, and ensure that each page of the will is signed and dated. It is recommended to redraft the will.
Q4: If the will states that someone is authorized to handle all matters related to the will, is that legally binding?
The risk is relatively high. The will should clearly specify the heirs and the scope of the estate. If it only states that someone has full authority to handle the estate and that the children have no right to interfere, without clearly naming the specific heirs, it may be deemed invalid due to unclear content. It is recommended to list the property and the heirs, as well as their shares, item by item to avoid disputes caused by general statements.
Q5: Can the will be modified after it has been printed and executed?
Yes, but it must be redrafted in accordance with the legal requirements. The testator may revoke the original will by making a new one; however, if the original printed will is directly amended or deleted, it will be difficult to meet the requirements of signing and witnessing on each page, which may easily lead to formal defects. If there are many changes, it is recommended to prepare a fully-documented printed will or apply for a notarized will.
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 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 a dispute arises, please consult a practicing lawyer in a timely manner.