[Direct answer]In the Beijing area, the determination of conflicting wills follows a certain review order. The first step is to review the formal requirements. The Inheritance Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates different formal requirements for self-written, proxy-written, printed, oral, and notarized wills. A will that does not meet the statutory formal requirements is not effective. The second step is to review whether it constitutes a revocation or modification. When the content of a later-made will conflicts with that of a previous will, the conflicting part is usually governed by the last-made will, while the non-conflicting parts are still handled according to the previous will. The third step is to review the testator's capacity at the time of making the will. The testator must have full capacity for civil conduct. The fourth step is to review the qualifications of the witnesses. The witnesses cannot be inheritors or legatees, nor should they have an interest in the content of the will. The fifth step is to review whether it violates the mandatory reserved share provisions. The will should reserve a necessary share of the estate for inheritors who lack the ability to work and have no source of livelihood.

1. Problem background and typical scenarios

In practice, common situations include the following: elderly people make multiple wills at notary offices, on self-written paper, and on printed documents, and each family member holds a copy; early wills are written in a sloppy manner, resulting in unclear instructions for the disposition of the same house to different heirs; after the disposition of property, the elderly person, fearing inheritance disputes, redraws a will and explicitly states that all previous wills are null and void; and there are also cases where the will is written by others on behalf of the testator, but the testator or witnesses later say they don't understand the content of the will.\nInheritance of property and division of family assetsThe consultation shows that the outcome of disputes over multiple wills often depends on formal details rather than the expression of the elderly's true intentions.

II. Key points of dispute

1. Whether the legal form of each will is complete. 2. Whether there are clear statements of revocation or withdrawal. 3. Proof of the time of establishment, usually based on the date recorded in the will and the witnesses' testimonies. 4. The testator's capacity at the time of making the will, and whether this requires medical or appraisal opinions to support it. 5. The potential conflicts of interest between the witnesses and the heirs. 6. Whether there are heirs who lack the ability to work and have no source of income, requiring the retention of a necessary share of the estate.Special services and other casesThis also involves the formal review of the will and the verification of the key points of the witnessing process.

III. Professional analysis by Henglue Law Firm

Take the case of a dispute over purchasing a house under a false name and a will, which was handled by Lawyer Xue Suhua of our firm, as an example: After one of the deceased individuals passed away, his heirs claimed that the house involved in the case was purchased under someone else's name and should be inherited by them, while another heir argued that the house belonged to the deceased's grandparents and had been disposed of in the grandparents' will. During the litigation process, the lawyer did not engage in endless disputes over whether the house belonged to the deceased's estate, but first reviewed the evidence provided by the claimant, pointing out that they failed to prove the existence of a contractual agreement for purchasing the house under a false name. The lawyer also noted that this heir had previously waived his inheritance rights through a notarized document. In the end, the court ruled that the house belonged to the deceased's grandparents and was handled in accordance with the will, finding the claim of purchasing the house under a false name unfounded. This heir and the other party each inherited a 50% share of the estate, and the ruling was upheld in both first and second instance. The same approach was applied to resolving conflicts involving multiple wills: first, excluding documents that were not legally valid; then examining the content of the wills to determine their overlapping provisions; and finally assessing whether the evidence could support these provisions.Property transactions and construction projectsIn this column, you can learn about the review points of real estate registration and ownership certificates. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Collect all the original wills, including handwritten drafts, notarized documents, and printed documents; 2. Verify the formal requirements one by one, especially the number of witnesses, their qualifications, and their presence during the signing; 3. Request judicial appraisals or hospital records conducted before or after the testator's death to corroborate their capacity to act; 4. Check the establishment time and ensure that the date recorded in the will matches the witness's statements; 5. Review whether there are other heirs who need to retain necessary shares; 6. For content that is clearly conflicting, you can claim in negotiations or litigation that the will should be handled according to the last version. Legal basis: Articles 1134, 1135, 1136, 1137, 1138, and 141 (all effective from January 1, 2021) of the Civil Code of the People's Republic of China; Related provisions of the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China issued by the Supreme People's Court (effective from January 1, 2021); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, in the case of conflicts between multiple wills, the first thing to consider is the form. If the text is not legally valid, there's no need to discuss its content further. Second, the later-made will only replaces the previous will within the scope of the conflict, and the non-conflicted parts remain valid. Third, do not use printed documents to replace standard forms, as format defects may be magnified in litigation. Fourth, if the witness is an inheritor or has a vested interest in the estate, the validity of the will will be substantially affected. Fifth, the capacity to make a will at the time of its creation needs to be supported by evidence, and relevant medical records often become crucial. Sixth, if multiple wills are discovered, a formal review should be conducted as soon as possible. The earlier the conflict is resolved, the better it is for maintaining family trust and avoiding further damage to it.

VI. Frequently Asked Questions

Q1: I've made several wills, but the contents of each one are different. Which one should I follow?

Generally, the last will that is legally executed shall prevail, but only with regard to the conflicting parts of the two wills. For example, if the first will leaves the house to the eldest son and the second will leaves the savings to the daughter, the two wills can coexist, and the non-conflicting parts will still be valid. Conversely, if the second will explicitly states that all previous wills are invalid, the second will shall prevail. If the time of execution cannot be determined, the conflicting parts shall generally be handled in accordance with the statutory inheritance law.

Q2: Can a notarized will be overridden by a subsequent self-written will?

It is necessary to distinguish the different situations. For acts occurring before the implementation of the Civil Code, the provisions of the original Inheritance Law shall apply. The validity of a notarized will takes precedence over other forms of wills, and a later-made self-written will cannot override a notarized will. For acts occurring after the implementation of the Civil Code, the provisions of the Civil Code shall apply. The validity of a will is no longer determined by the priority of a notarized will, but by whether the establishment time and formal requirements are complete. Therefore, it is necessary to analyze the specific time and document situation.

Q3: Is a printed will legally valid?

It is conditionally valid. According to the Civil Code, a printed will shall be written and signed by the testator in his own hand, affixed with a thumbprint and marked with the date, and each page of the will shall be witnessed and signed by a witness. It should be noted that the witness must sign and witness each page of the will, and the situation where the witness only signs on the last page is likely to lead to disputes over its validity. In addition, it requires that there be more than two witnesses present to witness it, which is a stricter condition than that for a handwritten will. Therefore, in practice, it is more secure to adopt the form of a handwritten will or a notarized will.

Q4: If the will drawn up by an elderly person is suspected to not reflect their true intentions, what should they do?

It is possible to claim that there are doubts about the validity of the will and apply for a corresponding review. The court may be requested to verify the signature and fingerprints, and if necessary, apply for a forensic evaluation; it is also possible to submit hospital records, diagnosis certificates, or audiovisual materials from the time of making the will to refute the claim about the testator's capacity for action. It should be noted that the party claiming that the will is invalid or not the testator's true intention should bear the corresponding burden of proof. It is usually difficult to overturn a formally complete will solely on the basis of suspicion, so it is necessary to collect objective evidence as much as possible.

Q5: Do I need to hire a lawyer if there are conflicts between multiple wills?

It is recommended to consult a professional lawyer. The determination of the validity of multiple wills involves multiple professional issues such as formal requirements, the time of establishment, legal capacity, and the qualifications of witnesses, which are often difficult for the parties themselves to complete a systematic legal review. A professional lawyer can prepare review opinions for each will, clarify which one is valid and which part has been replaced, and accordingly provide suggestions for division plans. This can avoid being at a disadvantage due to incorrect evidence presentation in litigation, and it can also assess whether there is room for mediation and negotiation.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different 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 Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.