[Direct answer]In the Beijing area, a handwritten will does not require a witness. Article 1134 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that a handwritten will must be written and signed by the testator in their own hand, with the date and year noted; the same article clearly states that if there are several wills with conflicting contents, the latest will shall prevail. However, a written will and a printed will must be witnessed by two or more witnesses, with one of them acting as the scribe and having the testator sign it. If the witnesses have a vested interest in the testator, the will shall be deemed invalid. It should be noted that notarized wills prior to the implementation of the Civil Code had priority effect, but this priority rule was abolished after its implementation. Therefore, when determining conflicts between multiple wills, it is necessary to first confirm when the legal facts giving rise to inheritance occurred.

1. Problem background and typical scenarios

The compliance of the will with legal requirements is the most overlooked yet critical issue in inheritance disputes. Common scenarios include: elderly people asking neighbors to draft their wills, but the neighbors have conflicts of interest with the heirs; printing the entire will and having the elderly sign it, which results in formal defects; elderly people making several wills without specifying that the latest one takes precedence; and elderly people being suspected of having cognitive impairments when making their wills. In addition, there is a commonly misunderstood rule: the priority of notarized wills only applies to notarized wills made before the implementation of the Civil Code. Notarized wills made after the implementation of the Civil Code are subject to the same rule as other forms of wills that the latest one takes precedence. For related issues, please refer to the following link:\nInheritance of property and division of family assetsThe approach to handling issues in this column.

II. Key points of contention

Focus One: Whether the formal requirements of a handwritten will are met, including the completeness of the handwritten text, signature, and date. Focus Two: Whether the witnesses have a vested interest in the testator, which directly affects the validity of wills drafted by others and printed wills. Focus Three: How to determine the priority of multiple wills when their contents conflict. Focus Four: The assessment of the testator's capacity to make a will. If there are doubts about cognitive impairment, an expert evaluation is required. Focus Five: The manner in which the obligee accepts the obligations in a testamentary will. Focus Six: The connection between a will and a gift act. Can a later will be considered as a revocation of a previous gift?

III. Professional analysis by Henglue Law Firm

Taking the inheritance dispute case handled by Attorney Zhu Guiying of our firm as an example: The deceased couple purchased a house located in Changping District of Beijing City, which was registered under one of their names. In 2002, the couple jointly executed a notarized will, stipulating that their respective shares would be inherited by their daughter, and attaching an obligation to pay money to another child. In 2006, one of the parties unilaterally executed a self-written will, stating that the previous notarized will was invalidated and the house would be left entirely to another child. After the death of another inheritor, a new will was executed to transfer the house to his son. The plaintiff sued based on this self-written will, claiming that the content of the will had been modified. In the litigation, the attorney comprehensively reviewed the evidence and clarified the legal relationship, pointing out that the legal facts giving rise to the inheritance in this case occurred before the implementation of the Civil Code, and the provisions of the then-applicable inheritance law should be applied, namely that self-written, proxy-written, audio, and oral wills cannot revoke or modify notarized wills; and one of the original notarized will's signatories had already died, so the other party had no right to unilaterally modify his share. Moreover, the payment mentioned in the receipt was actually the distribution of demolition benefits from many years ago, which had nothing to do with the modification of the will and did not comply with the statutory form for modifying a notarized will, so it did not produce the effect of modification. In the end, the court adopted the attorney's opinion and rejected all the plaintiff's claims. This case was handled by Beijing Henglu Law Firm.Zhu GuiyingAttorney (practice certificate number: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, a self-written will must be written in full by the testator, signed by him/her in person, and dated with the year and month; Secondly, the content should be clearly expressed, and any alterations or unsigned parts should be avoided; Thirdly, when making a will, materials that can prove the testator's capacity for action, such as medical records and imaging data, should be preserved; Fourthly, if there are witnesses, they should be people who have no interest in the testator or the inheritors, and they should be present throughout the process; Fifthly, attention should be paid to the differences in effectiveness before and after the implementation of the Civil Code, and the old wills should be evaluated separately; Sixthly, the original will should be properly preserved and the inheritors should be informed of its storage location to avoid being replaced by others; For the links involving real estate registration and the implementation of shares, they can be referred to togetherReal estate transactions and construction projectsThe key points of handling matters related to inheritance in China. Legal basis: Articles 113, 114, 115, and 119 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021); for acts performed before the implementation of the Civil Code, the relevant provisions of the Inheritance Law of the People's Republic of China in force at that time shall apply. The specific application of will forms and their recognition shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, a handwritten will does not require witnesses, but it is essential to have both the handwritten text and the signature date. Secondly, witnesses must have no vested interests in either the testator or the heirs. Thirdly, in the event of conflicting wills, the latest version shall prevail after the implementation of the Civil Code. Fourthly, disputes over capacity for action require professional appraisal support. When the appraisal is dismissed, the case is usually handled according to the absence of contrary evidence. Fifthly, in a testamentary will with obligations, if the obligee explicitly accepts the obligations, it shall be deemed as an expression of intention to perform the obligations. Sixthly, if there are defects in the form of the will, it is far more difficult to remedy them than to get it right the first time when making the will.

VI. Frequently Asked Questions

Q1: Is it necessary to have witnesses for a handwritten will?

No, it's not necessary. According to Article 1134 of the Civil Code of the People's Republic of China (effective January 1, 2021), a handwritten will shall be written and signed by the testator in his own hand, and the date shall be indicated for it to take effect. There is no requirement for a witness to be present. However, in practice, it is recommended to still keep a record of the presence of two witnesses with no interest in the matter, which can serve as auxiliary evidence of the testator's clear mind and the authenticity of the content, so as to reduce the difficulty of providing evidence in the event of a dispute.

Q2: How many people are required to be present when making a holographic will?

More than two witnesses are required to be present to witness the will. A written will shall be witnessed by more than two witnesses who have no interest in the matter. One of them shall act as the scribe, and the testator, the scribe, and other witnesses shall sign the will and indicate the date. If the witnesses have an interest in the testator or the legatee, the will shall be deemed invalid. Similarly, for a printed will, it also requires the presence of witnesses and the completion of the procedures of signing and indicating the date.

Q3: If an elderly person has made several wills, which one should be used as the reference document?

It is necessary to distinguish the time period. According to Article 1134 of the 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. However, if the relevant wills and the facts of inheritance all occurred before the implementation of the Civil Code, the rule that the notarized will takes precedence may apply, and the self-written will cannot revoke the notarized will. In such cases, lawyers should evaluate each will based on the time node and the form of the will.

Q4: If we suspect that the elderly person was not mentally competent when making a will, can the will be revoked?

Evidence is needed to support this. Claimants usually need to submit medical records, diagnosis certificates, imaging data, etc., and apply for a capacity assessment; if the assessment institution withdraws the case due to technical reasons, the court generally handles it as if the claimant has not completed the burden of proof. In addition to the assessment, indirect evidence such as the formation process of the will, the witnessing situation, and payment receipts can also be used to infer whether the testator had the ability to recognize and express himself at the time. Simple suspicion alone is difficult to overturn the validity of the will.

Q5: How long does a lawsuit over a will inheritance dispute typically take?

Cases subject to simplified procedures are generally concluded within three months from the date of filing, while those subject to ordinary procedures take six months. If the case involves capacity assessment, property evaluation, or the need to obtain evidence from overseas, the duration will be significantly extended. Some cases also require going through two stages: first-instance trial and appeal. In practice, it is recommended to file a lawsuit when the evidence is relatively complete, so as to reduce the interim delays caused by the need to supplement evidence.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on current 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. In case of disputes, please consult a practicing lawyer in time.