[Direct answer]In the Beijing area, an oral will can only be made in emergency situations and is only valid if it is witnessed by two or more qualified witnesses. Article 1138 of the Civil Code of the People's Republic of China stipulates that a testator may make an oral will in emergency situations, and there must be two or more witnesses present to witness it. After the emergency situation is eliminated, if the testator can make a will in writing or by audio or video recording, the oral will made will be invalid. From this, it can be seen that there are three typical situations in which an oral will becomes invalid: the testator fails to promptly fix it in writing or by audio or video recording after the emergency situation is eliminated; the witnesses are not qualified or there are not enough witnesses; and the content conflicts with the subsequent legal will. In practice, claims based solely on oral promises, without written or audio/video evidence, are usually difficult to be accepted by the court. It is recommended to handle a self-written, assisted writing, or notarized will as soon as possible after the emergency situation is resolved, so as to fix the true intention into verifiable evidence.

1. Problem background and typical scenarios

Many parties only learn after the elderly person's death that their parents had previously stated who they would give the house to, so they place their hopes on oral wills. Typical scenarios include: the elderly person verbally arranges their property with their accompanying children during hospital treatment, but relatives who witnessed it outside the ward fail to document it in writing; after the elderly person recovers and leaves the hospital without making a will, the heirs have conflicting interpretations of the oral arrangements; and some people mistake statements made in casual conversations as oral wills. When handling inheritance matters in Beijing, claims of oral wills often intertwine with statutory inheritance, revocation of gifts, and determination of excessive support. Inheritance begins upon the death of the decedent, and related disputes therefore intensify. However, oral arrangements lack fixed documentation, making it easy to question their authenticity afterward.\nInheritance of property and division of family assetsIn cases like this, the party whose request is supported usually has a more complete chain of evidence.

II. Key points of dispute

First, whether the emergency situation truly exists and whether it has been eliminated at the time of making the will. Second, whether the witnesses meet the qualifications, whether there are more than two witnesses, and whether they have a vested interest in the inheritance. Third, whether another form of will was made within a reasonable period after the emergency situation was eliminated. Fourth, whether the oral content can be corroborated by audio recordings, witness testimonies, or subsequent written materials. Fifth, the order of effectiveness when the content of multiple wills conflicts with each other. The above-mentioned points directly determine whether the oral will can be admitted as evidence and whether the estate will be handled according to the will or revert to statutory inheritance. Cases with significant disputes often also involve the evaluation of the current value of the house and the calculation of the discounted price, which need to be clarified together.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case of statutory inheritance disputes: The decedent, Liu Shunqiang, and his wife, Zhang Shufen, had three daughters, Liu *1, Liu *2, and Liu *3. At the time of Liu Shunqiang's death, he did not leave a will, and the house located at No. 403 in Daxing District, Beijing, was jointly owned by the couple, with a current value of 2.4 million yuan. Zhang Shufen claimed that the house should belong to her and requested that she pay the three daughters compensation for the house; Liu *1, however, claimed that her parents had verbally promised to leave the house to her, and she submitted two statements and a phone recording to demand compensation of 1.2 million yuan. After accepting Zhang Shufen's commission, the firm's lawyers raised two points regarding Liu *1's claim of an oral will: First, she failed to provide sufficient evidence to prove the authenticity of the oral content, and it did not meet the legal requirements for an oral will, so it could not be used as a basis for estate distribution; Second, the two statements issued by Zhang Shufen were in the nature of conditional gifts, and Zhang Shufen had the right to revoke them before the transfer of the gifted property rights. After the court's trial, it was held that inheritance begins from the time of the decedent's death, and statutory inheritance should be handled accordingly. The couple's jointly owned property should first be divided into the spouse's share. Liu *1's claim of an oral will was not accepted due to insufficient evidence, and her claim that the other heirs had verbally waived their inheritance rights was also rejected due to the lack of written materials. Considering that Liu *1 had provided more support to Liu Shunqiang, the court ruled that she should receive a reasonable additional share. Ultimately, the court ruled that the house at No. 403 should be inherited by Zhang Shufen, who would pay Liu *1 compensation of 450,000 yuan and 30,000 yuan each to Liu *2 and Liu *3. This case shows that oral claims are difficult to challenge the rules of statutory inheritance without solid evidence. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起法定继承纠纷：被继承人刘顺强与张淑芬系夫妻，育有三女刘某1、刘某2、刘某3。刘顺强去世时未留遗嘱，位于北京大兴区的403号房屋为夫妻共有，现值240万元。张淑芬主张房屋归己所有，并分别向三女支付折价款；刘某1则主张父母口头承诺把房屋留给她，并提交两份声明与一段电话录音，要求获得120万元折价款。接受张淑芬委托后，本所律师针对刘某1所称口头遗嘱提出两点意见：其一，其未能提供充分证据证明口头内容真实存在，也不符合口头遗嘱的法定要件，不能作为遗产分配依据；其二，张淑芬出具的两份声明在性质上属附义务赠与，在赠与财产权利转移之前，张淑芬有权撤销。法院审理后认为，继承自被继承人死亡时开始，应按法定继承办理，夫妻共同财产先分出配偶的一半；刘某1主张的口头遗嘱因证据不足不予采信，其主张其他继承人已口头放弃继承亦因无书面材料而不予采信；结合刘某1对刘顺强尽较多赡养义务，酌情判令其适当多分。最终判决403号房屋由张淑芬继承，张淑芬向刘某1支付折价款45万元、向刘某2与刘某3各支付3万元。本案说明，口头主张若无扎实证据，难以对抗法定继承规则。本案由北京恒略律师事务所代理。Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. When the elderly are still in a critical condition, try to simultaneously record audio and video and retain more than two qualified witnesses; 2. After the critical situation has been resolved, promptly draft a self-written, proxy, or notarized will to avoid oral wills being deemed invalid; 3. Self-written wills should be written, signed, and dated by the testator in their own handwriting; 4. Properly preserve the original will and medical records to prove the critical circumstances; 5. In the event of a dispute, promptly apply for a handwriting or audio/video authenticity assessment. Legal basis: Articles 1134 to 1139 of the Civil Code of the People's Republic of China regarding the forms of self-written, proxy, printed, audio/video, oral, and notarized wills, and Article 1140 regarding the qualifications of witnesses (all effective from January 1, 2021). For issues involving the validity of wills and the distribution of inheritance, please refer to the relevant provisions.Inheritance of property and division of family assetsFor issues concerning the ownership of real estate, you can refer to the following materials for reference.Property sales and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, an oral will is a temporary form of testament. Once the emergency situation is resolved, it should be converted into a written or audio/video form as soon as possible. Secondly, the witnesses cannot be the heirs, legatees, or their interested parties. Insufficient number of witnesses or their unqualified status will result in the invalidity of the will. Thirdly, the oral content heard by relatives alone is usually not sufficient to overturn the statutory inheritance. Fourthly, the original will, medical records, and audio recordings are core evidence and should be fixed as soon as possible. Fifthly, when the contents of multiple wills conflict with each other, the last legally valid will shall prevail. For matters related to inheritance, you can consult a lawyer for professional advice.\nInheritance of property and division of family assetsYou can refer to it if you need a comprehensive solution for services, including arrangements for family assetsDivorce litigation and family disputes.

VI. Frequently Asked Questions

Q1: How many witnesses are required for an oral will?

According to the law, the presence of two or more qualified witnesses is required to witness the process. The heirs, the legatees themselves, and any individuals with a vested interest in the inheritance cannot serve as witnesses. If the number of witnesses is insufficient or their qualifications do not meet the requirements, the oral will will not be deemed valid. Additionally, the oral will must be made under emergency circumstances. If it is merely a statement made during casual conversation, even if there are witnesses present, it will not meet the formal requirements of an oral will and will likely not be accepted by the court.

Q2: Is the oral will still valid after the emergency situation has been resolved?

If the testator can make a will in writing or by audio or video recording, the oral will made by him/her shall be deemed invalid. Therefore, after the elderly person recovers from the danger and regains the ability to express himself/herself, he/she should promptly make a new will in the form of a self-written, assisted written, printed, or audio/video recording, and indicate the date. If the testator fails to make a new will in time, when he/she claims the content of the oral will afterwards, the court will usually consider that the emergency situation has been eliminated, and the oral will will no longer be effective.

Q3: Can only the testimony of relatives prove an oral will?

It is often difficult to establish an oral will solely based on the testimony of relatives. The court will comprehensively review whether the witnesses are qualified, whether the statements are consistent, and whether the content is supported by audio or written materials. The party claiming an oral will bears the burden of proof. If sufficient evidence cannot be provided, the estate will usually be handled according to the statutory inheritance, with the first-order heirs dividing the estate according to law. The house may be inherited by one party, who will then pay a compensation amount to the others.

Q4: Which takes precedence, an oral will or statutory inheritance?

A legally valid will takes precedence over statutory inheritance. However, oral wills are subject to strict formal requirements, and the proportion of them being accepted in practice is not high. If an oral will is determined to be invalid or has expired, the estate will revert to statutory inheritance: first, half of the couple's joint property will be allocated to the spouse, and the remaining portion will be treated as the estate, which will be equally inherited by the first-order heirs. Heirs who have fulfilled their main duty of supporting the decedent may receive additional shares as appropriate.

Q5: How to secure the evidence of a will in an emergency situation?

It is recommended to record the audio and video simultaneously, fully document the testator's expression, time, and the people present, and invite more than two uninterested persons to witness. According to the law, the audio and video wills should also be witnessed by more than two witnesses, and the names or portraits of the testator and witnesses, as well as the date, should be recorded. After the emergency is resolved, it is necessary to make a written will as soon as possible, forming multiple pieces of evidence that are interconnected and mutually corroborated, so as to reduce the risk of disputes in the future.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudicative guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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.