[Direct answer]In the Beijing area, it is necessary to be present throughout the entire process, and signing the will afterwards does not meet the requirements. 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 indicate the year, month, and date. Being present means that the witnesses should witness the entire process of making, checking, and signing the will; merely appearing briefly at the time of signing or being invited to sign the will afterwards is usually not recognized as valid witnessing. In addition, the witnesses must have legal qualifications. People with no civil capacity or limited civil capacity, inheritors, legatees, and people with interests in the inheritors or legatees cannot serve as witnesses. Video recording the entire process of making the will can effectively fix the witnessing process and reduce future disputes.

1. Problem background and typical scenarios

The most problematic part of printing a will is the witnessing process. Typical scenarios include: the testator first prints the will himself, then finds two neighbors to sign it at the last minute; the witnesses only sign the last page and fail to witness the formation of the previous pages; the witnesses have business dealings or family relationships with the legatees; the printed text is kept by others and the pages are replaced afterwards; oral wills are mixed with printed wills. All these situations will be reviewed one by one in inheritance litigation.\nInheritance of property and division of family assetsIn the case, whether the witness is qualified and present often determines the success or failure of the will.

II. Key points of contention

Focus One: The meaning of being present: Whether it is required to witness the entire process of making, checking, and signing the will. Focus Two: The consequences of signing the will retrospectively: Whether it can be retroactively recognized as a valid witnessing. Focus Three: The qualifications of witnesses: How to define the scope of interested parties. Focus Four: The implementation of signatures on each page: The impact of missing pages and omitted signatures. Focus Five: The uniformity of the printed text: How to prevent page replacement and tampering. Focus Six: The role of witnesses in giving testimony in court: The mutual corroboration of testimonies and video evidence. Focus Seven: The simultaneous proof of the testator's capacity for action.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a gift and inheritance dispute involving a printed will. The decedent, Liu Shufen, and her husband, Chen Daguo, had two sons. In August 2006, the couple agreed to divorce, with the house located at No. 602 in Haidian District, Beijing, being awarded to Liu Shufen. In October 2013, the couple remarried, but the house was still registered under Chen Daguo's name and no property transfer was completed. On May 18, 2024, Liu Shufen drafted a printed will, specifying that the house would be inherited by her three granddaughters, with Chen Xiaonan receiving a 50% share and Chen Qianwen and Chen Jiali each receiving a 25% share. After Liu Shufen's death in February 2025, her son, Chen Jianjun, disputed the validity of the will on the grounds that it was coerced and not a true expression of her will, and claimed that the savings should belong to him. Chen Xiaonan entrusted our firm's lawyers to file a lawsuit. The focus of the case lies in three aspects: the legality and validity of the printed will, the ownership and disposition rights of the involved house, and the ownership of the savings. The lawyers' arguments focused on three points: Firstly, the printed will was witnessed by two lawyers and recorded on video, showing that Liu Shufen was mentally competent and expressed her wishes voluntarily. The testator and witnesses signed each page of the will and noted the date, meeting the formal requirements of Article 1136 of the Civil Code of the People's Republic of China; Secondly, the 2006 divorce agreement already specified that the house belonged to Liu Shufen. Although the transfer was not completed, it did not change the ownership, and she had the right to dispose of it through a will; Thirdly, the audio recording of the oral will submitted by Chen Jianjun was transcribed without witnesses or recording the date, which did not meet the legal form requirements for audio-video wills or oral wills and was therefore invalid. The court adopted the above opinions, ruling that the printed will was legal and valid, and determining that Chen Xiaonan would inherit a 50% share of the No. 602 house, with Chen Qianwen and Chen Jiali each inheriting a 25% share. Liu Shufen's bank savings and interest would be inherited by Chen Jianjun, who would also pay Chen Liqiang a discounted amount of 48,898.5 yuan. In this case, the key to the will passing the review was the presence of witnesses throughout the process, their signing of each page of the will, and the full video recording. The case was handled by Beijing Henglue Law Firm.Li YonghuiThe lawyer (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, arrange for at least two uninterested witnesses to be present throughout the entire process, from printing and proofreading to the final signing; Second, have the witnesses and the testator sign each page and indicate the date and month; Third, record the entire process on video, showing the people present, the content read aloud, and the time; Fourth, keep the original will to avoid it being kept by interested parties alone; Fifth, retain the witnesses' information and, if necessary, invite them to testify in court. Legal basis: Articles 1136, 1137, 1140, and 1143 of the Civil Code of the People's Republic of China (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 issued by the Supreme People's Court (effective from January 1, 2021). For matters involving the scope of the estate and the 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 can refer to the following document for guidance.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 strict requirement that the witness must be present throughout the entire process, and it is extremely risky to find someone to sign the document at the last minute. Secondly, the witness cannot be an heir or a person with a vested interest in the inheritance. Thirdly, both the page-by-page signature and the date stamp are indispensable. Fourthly, video recording can reinforce the facts of the witnessing and the testator's state of mind. Fifthly, the original will should be kept safely to avoid being controlled by persons with a vested interest. For matters involving wills and inheritance arrangements, you can seek assistance through legal channels.Inheritance 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, please refer to the section on heritage debts and enforcementCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If the witness is only present when signing the document, can it still be considered a valid witnessing process?

The risk is relatively high. Printing a will requires witnesses to be present to witness the process of making and signing the will. If the witnesses only appear briefly when signing the will and do not witness the formation of the content, it may be deemed not to meet the requirement of being present. It is recommended to arrange witnesses to participate in the whole process from printing and proofreading to final signing, and to record the whole process by video simultaneously.

Q2: Can witnesses sign the document retroactively?

Generally, this is not allowed. It is difficult to prove that the witnesses were actually present when the will was drawn up if the signatures are added afterwards, which constitutes a formal defect and may affect the validity of the will. If a signature is found to be missing, the correct approach is to draw up a new will in accordance with the statutory form, rather than making amendments afterwards. When redrafting the will, it is necessary to ensure that each page is signed, the date is indicated, and the entire process is videotaped.

Q3: Who cannot serve as witnesses for printing a will?

According to Article 114 of the Civil Code of the People's Republic of China, persons with no capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the ability to witness, heirs, legatees, and persons who have an interest in the heirs or legatees cannot serve as witnesses to wills. It is more secure to choose a third party who has no interest in the family's property.

Q4: Can lawyers serve as witnesses?

Yes. If a lawyer has no interest in the heirs or the donees, he/she can act as a witness. In practice, it is common for two lawyers to witness and videotape the entire process, sign each page and indicate the date. This arrangement helps reduce the risk of formal defects and also makes it easier for the witnesses to testify in court and explain the process of signing the agreement if necessary in the future.

Q5: If the witness dies or cannot be contacted, is the will still valid?

The validity of a will does not automatically lapse because the witnesses cannot be contacted afterwards, but it will affect the difficulty of proving its authenticity. At this time, the role of video recording, handwriting identification, contemporaneous documentary evidence, and the testimonies of those present become particularly important. To reduce risks, the testator should fully record the process of making the will and retain the identity information of the witnesses. If necessary, the will can be notarized by a notary office.

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, so as 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 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.