[Direct answer]In the Beijing area, when the contents of multiple wills conflict with each other, the current rules stipulate that the last will shall prevail. Article 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021) provides that a testator may revoke or modify the will he/she has made; where there are several wills with conflicting contents, the last will shall prevail. This provision changes the previous rule that notarized wills have priority in effectiveness. However, the prerequisite are that each will must comply with the statutory formal requirements: there are different requirements for self-written, proxy-written, printed, audio-visual, oral, and notarized wills. A will that does not comply with the formal requirements shall not take effect. In addition, the will shall reserve a necessary share for heirs who lack the ability to work and have no source of livelihood, otherwise the corresponding contents may be adjusted.

I. Problem Background and Typical Scenarios

It's not uncommon for elderly people to make multiple wills. Typical situations include: making a notarized will at a notary office in their early years, and then writing a will with different content in their later years; adjusting the distribution plan multiple times due to changes in family relationships; having one will with complete formalities, while the other has flaws in the signature or date. When handling inheritance cases in Beijing, the court will first review whether the form of each will is legal, and then apply conflict rules to determine its validity.\nInheritance of property and division of family assetsIn China, formal defects often become the focus of disputes.

II. Key points of contention

The first focus is whether the various wills comply with the statutory formal requirements. The second focus is the testator's capacity for action at the time of making the will. The third focus is the application of conflict rules over time: the differences between actions occurring before and after the implementation of the Civil Code. The fourth focus is the relationship between wills and bequests, and bequest support agreements. The fifth focus is the performance and subsequent handling of wills with attached obligations. The sixth focus is the application of the mandatory share rule. The seventh focus is the handling of forged or tampered wills.

III. Professional analysis by Henglue Law Firm

When handling disputes over the validity of wills, Henglue Law Firm first determines whether the will can be established in form, and then addresses the conflict issues. Taking a will inheritance dispute handled by Attorney Yuan Hang of our firm as an example: The decedent made a self-written will in 2023, bequeathing an 88-square-meter house in Fengtai District to his spouse, and requiring the siblings to pay a total of 1 million yuan after selling the house. The three siblings claimed that the will did not specify the payment time and should auction the house as soon as possible to divide the proceeds. The attorney, on the one hand, provided evidence that the self-written will was written, signed, and dated by the testator in person, with complete formality, and cited the relevant provisions of the self-written will to demonstrate its legality and validity; on the other hand, he proposed a plan of transferring ownership first and deferring payment, and submitted income certificates and property valuation reports to explain that selling the house at a low price in the short term would harm the interests of all parties. The court ruled that the will was valid and ordered the house to be inherited by the spouse and transferred within the prescribed time limit. This case was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that whether a will is valid depends first on whether its form is legal.

IV. Practical suggestions and legal basis

Action recommendations: First, when making a new will, it is necessary to explicitly revoke the previous will to avoid conflicts in content; Second, each will should strictly comply with the requirements of the corresponding form, and the signature and date cannot be missing; Third, for major property disposals, it may be considered to use a notarized will in a fixed form; Fourth, for heirs who lack working capacity and have no source of livelihood, necessary shares should be reserved for them; Fifth, in the event of a dispute, first check the form and time of each will before making a claim. Legal basis: Articles 1134 to 1142 and Article 1143 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021); Where the act of making a will occurred before the implementation of the Civil Code, the then-effective Inheritance Law of the People's Republic of China and related rules shall apply. For matters involving real estate, reference may be made to the relevant provisions.Real estate transactions and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the legality of the form is a prerequisite for the will to take effect. Even if the content is clear, it may still be invalid due to defects. Secondly, under the current rules, the last will takes precedence, and notarized wills are no longer given absolute priority. Thirdly, for old cases that occurred before the new law came into effect, the rules are different. Fourthly, the mandatory reserved share rule may adjust the content of the will. Fifthly, it is necessary to properly preserve the original will and the materials of the drafting process. For matters involving wills and inheritance, you can consult a lawyer for further advice.\nInheritance of property and division of family assetsConsultation. The time limits and rules of evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: If there is a conflict between a notarized will and a self-written will, which one is valid?

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 the contents of several wills conflict with each other, the latest will shall prevail, and notarized wills shall no longer be given priority by default. 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.

Q2: Does the new will need to state that the old will is being revoked?

It is recommended to specify this clearly. Although the law stipulates that the last will shall prevail if several wills conflict with each other, explicitly stating that the previous will is revoked can reduce disputes. If the new will does not involve a certain piece of property, the corresponding content in the old will may still be valid. Therefore, if the scope of disposition is different, it should be specified item by item to avoid misunderstandings.

Q3: Can a will with flaws still be rectified?

Generally, it is not possible to make corrections after the fact. A will is a strictly formal act, and the elements such as signature, date, and witnesses should be complete at the time of its establishment. Adding them afterwards may lead to doubts about its authenticity. If the will indeed has formal defects, the parties may assert their rights based on the remaining legally valid parts, or handle it according to statutory inheritance; whether it is valid or not needs to be determined by the court based on the evidence.

Q4: If the will does not leave a share for minor children, is it valid?

It may be adjusted. According to Article 1141 of the Civil Code of the People's Republic of China (effective January 1, 2021), a will shall reserve a necessary share of the estate for an heir who lacks the ability to work and has no source of livelihood. If this is not done, when handling the estate, a necessary share shall first be set aside for such an heir, and the remaining portion shall be dealt with in accordance with the will. Therefore, the relevant content is not entirely invalid.

Q5: What should I do if I suspect that the will is forged?

The applicant may apply for an appraisal and claim that the will is invalid. The party concerned shall provide comparison samples, and when necessary, the court shall entrust a professional institution to appraise the signature, writing time, etc. If the will is confirmed to be forged, the corresponding content shall not be effective, and the estate shall be handled in accordance with the valid will or statutory inheritance; if the forgery of the will is serious, it may also affect the inheritance rights of the relevant persons.

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 Henglu Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →Legal services for inheritance·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.