[Direct answer]In the Beijing area, lawyers can assist clients in drafting wills, but they must comply with the statutory form of a witnessed will. Article 1135 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that a witnessed will shall be witnessed by two or more witnesses, with one of them acting as the drafter, and signed by the testator, the drafter, and other witnesses, indicating the year, month, and day. Article 1140 clearly stipulates that heirs, legatees, and persons with an interest in either of them cannot act as witnesses. Therefore, lawyers can act as drafters or witnesses, but not as heirs. If the testator can write the will himself, he can also choose to draft a self-written will; for complex arrangements, notarized wills or printed wills are also optional forms. The key point is that the form must be legal and the intention must be genuine.

1. Problem background and typical scenarios

When making a will, elderly people often seek help from lawyers due to difficulties in writing. Typical situations include: the elderly wish to leave their property to specific children, and lawyers assist in drafting the will; they are unable to write by hand due to illness or vision problems, and need a proxy to write the will for them; or family members have different opinions on the plan and hope to reduce disputes through professional witnessing. When handling family affairs in the Beijing area, lawyers usually first understand the scope of the property and the situation of the heirs, and then choose an appropriate form of will.\nInheritance of property and division of family assetsIn China, formal compliance is the first threshold for the validity of a will.

II. Key points of contention

First, whether all the formal requirements for a written will are met. Second, how to determine the qualifications and interests of witnesses. Third, the review of the testator's capacity for action. Fourth, whether the content of the will infringes upon the reserved share. Fifth, which version of the will should prevail in the event of conflicts between multiple wills. Sixth, the distinction between wills and gift agreements or bequest-support agreements. Seventh, the authentication process when the authenticity of the will is in doubt.

III. Professional analysis by Henglue Law Firm

When handling inheritance cases, Henglue Law Firm often encounters clients who hold multiple wills with different forms and conflicting contents. Take the inheritance dispute case handled by Attorney Zhu Guiying of our firm as an example: The decedents, Wang Zhiguo and Zhang Hua, were married and purchased a house in Changping District during their marriage, which was registered under Wang Zhiguo's name. In 2002, the two of them went to the notary office separately to make notarized wills, agreeing that the share of the house owned by them would be inherited by their daughter, Wang Li, and attaching the obligation for Wang Li to pay 100,000 yuan to their son, Wang Ming. In 2006, Zhang Hua unilaterally made a self-written will, stating that the previous notarized will was invalid and that she would leave the entire house to Wang Ming. Wang Ming's son, Wang Gang, sued to inherit based on the later self-written will. The lawyer pointed out that the act of making the will and the will itself occurred before the implementation of the Civil Code, so the relevant provisions of the Inheritance Law of the People's Republic of China in force at that time should be applied, arguing that the notarized will should take precedence and the self-written will could not revoke the notarized will. The court adopted this view and rejected all the plaintiff's claims. This case was handled by Beijing Henglue Law Firm.Zhu GuiyingThe lawyer (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the compliance of the will form and the accurate grasp of the conflict rules are often the key to winning or losing inheritance disputes.

IV. Practical suggestions and legal basis

Action recommendations: 1. Select an appropriate form of will based on the testator's writing ability and financial situation; 2. For a witnessed will, ensure that at least two uninterested witnesses are present throughout the process and sign the document; 3. Ensure that the signatures and dates of the testator, the witness, and the executor are complete; 4. For heirs who lack the ability to work and have no source of income, reserve a necessary share; 5. Properly store the original will and materials related to its preparation, and, if necessary, obtain notarization. Legal basis: Articles 1134 to 1143 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); for acts occurring before the implementation of the Civil Code, the Inheritance Law of the People's Republic of China in effect at that time shall apply. For real estate-related matters, please refer to the relevant provisions.Property transactions and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, lawyers can draft wills, but they cannot participate as heirs or legatees. Secondly, witnesses must have no vested interests, and relatives should choose them carefully. Thirdly, wills with incomplete signatures and dates carry high risks. Fourthly, if there are conflicts between multiple wills, the current rules stipulate that the latest will shall prevail. Fifthly, wills should take into account the mandatory share, to avoid the invalidation of the entire or part of the will. For matters involving the drafting of wills and inheritance, you can seek legal advice through legal professionals.\nInheritance and division of family assetsConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial decisions.

VI. Frequently Asked Questions

Q1: If the will is drafted by a lawyer, do I still need to sign it myself?

It is necessary. According to Article 1135 of the Civil Code of the People's Republic of China (effective January 1, 2021), a written will shall be witnessed by two or more witnesses, with one of them acting as the scribe. The testator, the scribe, and other witnesses shall sign it and indicate the year, month, and date. The testator's signature is an indispensable step. If the testator is unable to sign due to special circumstances, the will shall be made in other forms in accordance with the law.

Q2: Can the heir act as a witness on site?

No. According to Article 114 of the Civil Code of the People's Republic of China (effective January 1, 2021), heirs, legatees, and individuals with an interest in the heirs or legatees cannot act as witnesses to a will. If an heir is present to witness the will, the will may be deemed invalid due to the witness's lack of qualifications. It is recommended to choose a third party without any interest in the matter to act as a witness.

Q3: Which is more reliable, a self-written will or a will drafted by a lawyer?

Both are legal forms, and their reliability depends on whether they meet the respective requirements. A handwritten will requires the testator to write the entire text by hand, sign it, and indicate the date. Its advantage is that it does not require a witness, but its disadvantage is that the authenticity of the will is prone to disputes. A written will requires two witnesses and has higher formal requirements. If the property and family relations are complex, a notarized will can be chosen to further formalize the arrangement.

Q4: When there are multiple wills, which one should be followed in case of conflict?

It is necessary to distinguish between the time of making the will and the applicable law. According to Article 1142 of the current Civil Code of the People's Republic of China (effective January 1, 2021), if there are several wills with conflicting contents, the latest will shall prevail. If the act of making the will occurred before the implementation of the Civil Code, it shall be handled in accordance with the then-effective Inheritance Law of the People's Republic of China and related rules. The legal effect of a notarized will is different in this case.

Q5: How much does it cost to hire a lawyer to draft a will?

The fees are usually determined based on the complexity of the property, whether a witness is needed, whether notarization is required, and the workload. They are generally charged on a per-case basis or negotiated on a project basis, and there are differences in the guidance standards for lawyers' service fees across different regions. If the scope of the estate is extensive, there are many heirs, or it is necessary to draft other legal documents simultaneously, the fees will increase accordingly. It is recommended to sign a written contract and clarify the scope of services before entrusting the lawyer with the case.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

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 Zhu Guiying·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.