[Direct answer]In the Beijing area, legal consultation on inheritance is usually a paid service. In practice, it is often charged by the hour or per case, with the specific standards determined by each institution and lawyer based on the complexity of the case. The difference between consultation and formal representation is that: consultation provides legal analysis and proposal suggestions within a fixed timeframe, without appearing in court or claiming rights on behalf of the client; while representation involves signing a power of attorney contract after which the lawyer accepts the entrusted matters on behalf of the law firm and participates in the entire litigation, mediation, and enforcement process. Many clients are accustomed to first seeking paid consultation to clarify the direction, and then deciding whether to proceed with litigation. This two-stage arrangement not only controls costs but also facilitates advance evaluation of the outcome. It should be noted that the Inheritance Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates the statute of limitations for inheritance disputes, requirements for the form of wills, and rules on mandatory reserved shares, all of which are highly specialized. General oral judgments are prone to errors in these matters.\nInheritance of property and division of family assetsThe column provides just such preliminary consultation and review services.

1. Problem background and typical scenarios

Common consultation needs include: When several heirs have different opinions after an elderly person's death, they want to understand the basic rules of statutory inheritance; When they have a handwritten or printed will, they are not sure whether it is valid; When they want to understand how to arrange their parents' existing property after their own death; When they are worried about problems with property and inheritance arrangements in future remarried families; When they have received a court summons, they hope to understand the key points of defense and the direction of evidence collection.Special services and other casesIt also includes non-litigation services such as drafting wills and signing agreements, which can be used for preventive measures in advance.

II. Key points of dispute

Focus One: The scope of the advisory opinion's effectiveness and whether the advisory content constitutes a formal legal opinion. Focus Two: The correlation between the fee standard and duration, and whether complex cases require extended time. Focus Three: Whether the advisory stage can produce a list of evidence that can be used in litigation. Focus Four: The depth of the review of the will's form, and whether it is necessary to assess the testator's capacity at the time of making the will. Focus Five: Whether the assumptions underlying the calculation of inheritance shares are valid. Focus Six: Whether it is necessary to separately consult on family communication and mediation strategies.Divorce litigation and family disputesThe column discusses the connection between marital and family property and inheritance, which can be used as a cross-referential resource for further study.

III. Professional analysis by Henglue Law Firm

Take a legal succession dispute represented by Attorney Dai Wei of our firm as an example: The decedents, who were a married couple, passed away successively and had three children. The disputed estate included pension benefits, the decedents' pre-deceased savings, and two properties in Haidian District. The plaintiff claimed that the savings amounted to approximately 3.5 million yuan. The plaintiff sued to request a one-third share of the estate, while the defendant's attorney defended by first defining the scope of the estate, excluding the pension benefits and the decedents' pre-deceased savings that had already been disposed of, and then raising claims regarding the plaintiff's primary duty of support entitling them to a larger share and the plaintiff's legal standing. After the first-instance court judgment, the plaintiff appealed, and the attorney continued to represent them in the appeal. The second-instance court rejected the appeal and upheld the original judgment, with both parties achieving favorable outcomes in both trials. In such cases, if legal advice is sought regarding the scope of the estate and the order of inheritance before initiating litigation, it is often possible to identify issues such as ineligible plaintiffs and evidence gaps in advance, thereby avoiding unnecessary litigation costs.Creditor's rights and debts, and enforcementThe column also includes practical explanations on how to apply for enforcement after a judgment takes effect. This case was handled by Beijing Henglu Law Firm.Yu DawaiAttorney (Practice Certificate No.: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

Action recommendations: 1. Before consulting, organize the time of the decedent's death, the family relationship, the property list, and the existing will text; 2. Clarify the issues to be resolved in the consultation, such as whether the will is valid, how much each party can inherit, and what evidence is required; 3. Request the lawyer to provide a written consultation opinion, stating the analysis basis and risk warnings; 4. If litigation is necessary, sign a separate power of attorney contract; 5. For multiple wills, compare their formation time and content in advance; 6. If there are doubts about the validity of the will, pay attention to preserving the original and relevant witness materials. Legal basis: - Articles 1127, 1130, 1134, and 1135 of the Inheritance Chapter of the Civil Code of the People's Republic of China (all effective since January 1, 2021); - Relevant provisions of the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective since January 1, 2021); - Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the value of consultation lies in eliminating directional errors in advance and cannot replace formal agency. Secondly, when reviewing a will, we should not only focus on the written content, but also consider the formal requirements and the testator's capacity for making a will at the time of making the will. Thirdly, the calculation of inheritance shares relies on multiple assumptions, and the assumptions should be explained during the consultation. Fourthly, do not casually disclose information that may be obtained by the other party during the consultation stage, especially those related to the content of having waived inheritance or expressed a willingness to settle the matter. Fifthly, if it is found necessary to take immediate action after the consultation, such as claiming rights within the statute of limitations, the case should be transferred to agency for handling in a timely manner. Sixthly, for relatives in Hong Kong, Macao, Taiwan or abroad, additional time is needed for identity and document verification, so it is advisable to start the process as early as possible.

VI. Frequently Asked Questions

Q1: How are legal consultations on inheritance generally charged for?

In practice, fees are often charged by the hour or per case, with the standard determined by each institution and lawyer based on their own circumstances. The more complex the consultation content is, the more documents it involves, and the longer it takes. One-time legal opinions are usually more expensive than face-to-face consultations, but the written form is convenient for subsequent reference in negotiations or litigation. It is recommended to confirm the billing method and estimated duration when making an appointment, and to request a written opinion to avoid misunderstandings.

Q2: Can one consultation solve the inheritance dispute?

In most cases, directional issues can be resolved. Lawyers can review the form of the will, determine the order of inheritance, and calculate the share of inheritance during the consultation, and point out the lack of evidence and risk points. However, for cases involving disputes among multiple parties, requiring court appearances, or needing to retrieve registration and account information, it is usually impossible to complete all these tasks in a single consultation. In such cases, it is necessary to proceed with formal litigation representation. The significance of the consultation lies in determining the path and cost of the legal process.

Q3: If there are issues with the validity of a will, should one first seek legal advice or file a lawsuit immediately?

It is recommended to consult a lawyer first. The validity of a will directly determines the inheritance plan. Once a lawsuit is initiated, the process will proceed more quickly, but the cost of withdrawing the lawsuit and the impact on family relationships will be high. During the consultation stage, a lawyer can review whether the form of the will complies with the statutory requirements such as a self-written will, a proxy-written will, a printed will, or a notarized will. They can also determine whether there are grounds for invalidation and assess whether the evidence is sufficient. Based on this, the lawyer can decide whether to initiate a lawsuit and which legal grounds are more appropriate for the lawsuit.

Q4: What materials do I need to bring with me during the consultation?

The main documents include the deceased's death certificate, proof of kinship, proof of the deceased's assets before his/her death, real estate ownership certificates or purchase contracts, deposit and investment information, as well as the full text of the will and the materials related to its formation process. If there are statements of renunciation of inheritance, gift agreements, or previous division agreements, they should also be provided. The more complete the materials are, the more accurate the lawyer's judgment will be, and it can avoid giving conclusions that need to be corrected due to the lack of key information.

Q5: My family is unwilling to pursue litigation. Can you advise on what help you can provide?

Consultation can help design non-litigation solutions. Lawyers can assess the bottom lines of all parties' demands, the actual situation of divisible property, formulate fair and reasonable distribution plans, and draft agreement texts. They can also highlight the differences between mediation and litigation in terms of time cost, privacy, and relationship impact. After fully understanding their own share ranges, many families are able to accept negotiated solutions, avoiding the relationship damage caused by long-term confrontation.

The above content is based on the compilation of judicial practices 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 cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yu Dawei·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.