[Direct answer]In the Beijing area, when commissioning a lawyer to witness a will, it is usually necessary to prepare four types of materials. The first type is the materials of the testator, including identity documents, proof of marital status, past medical history and necessary medical records, which are used to assess their capacity for action; the second type is family property materials, including real estate ownership certificates, purchase contracts, deposit and financial management certificates, company equity and insurance contracts, etc., which are used to determine the specific objects of the will's disposition; the third type is materials on the scope of heirs, including the identity information of each heir, proof of their kinship with the testator, and whether there are circumstances where they lack working capacity and have no source of livelihood, requiring the retention of necessary shares; the fourth type is materials on the testator's intention, that is, the testator's true intention regarding the distribution of property. Articles 1134 and 1135 of the Civil Code of the People's Republic of China (both of which came into effect on January 1, 2021) stipulate clear statutory requirements for self-written and proxy wills. Whether the preparation of materials is sufficient directly determines whether the witnessed will can take effect.

1. Problem background and typical scenarios

Common scenarios of entrustment include: the elderly are getting old and want to complete the arrangements of their wills while they are still conscious; there have been property disputes among family members, and they hope to avoid future disputes through standardized forms; the property involves loans or co-owners, and it is necessary to clarify the handling methods during inheritance; the elderly have multiple children and worry about unfair distribution causing conflicts; and there is also a category in which the elderly want to specify that the house be inherited by their grandchildren, and it is necessary to realize intergenerational inheritance through a will.Special services and other casesThe column also provides supporting services related to the drafting and witnessing of wills, which can be used in conjunction with the witnessing process.

II. Key points of contention

First, the qualification requirements for witnesses: witnesses cannot be inheritors or legatees, nor can they have any vested interests in the content of the will. Second, the number of witnesses and attendance requirements: both holographic wills and printed wills require the presence of at least two witnesses to witness the process. Third, the specificity of the will text: for real estate, the address and property rights certificate number must be clearly stated. Fourth, preserving evidence of the testator's capacity at the time of making the will. Fifth, whether the will can include conditions and how these conditions should be expressed. Sixth, whether an existing will requires a clear declaration of revocation.\nInheritance of property and division of family assetsThe practical methods of share estimation in this column can be used for the design of the scheme before witnessing it.

III. Professional analysis by Henglue Lawyers

Take the will inheritance dispute represented by Attorney Yuan Hang of our firm as an example: The decedent made a self-written will in July 2023, stipulating that a house would be inherited by his spouse, and at the same time, he set a condition that the spouse should pay 400,000 yuan to his sister and 300,000 yuan each to his brother and sister after selling the house. After the decedent's death, several inheritors believed that the house should be auctioned immediately and the proceeds should be divided. They sued the spouse in court. During the litigation process, the attorney first reviewed the formal requirements of the self-written will, including whether it was written by the decedent himself, signed and stamped, and noted the date. At the same time, he noted that the objects of the will must be clearly specified as specific real estate, and the manner and time limit for the performance of the conditional payments must be clear and enforceable. Under the court's organization, the will was ultimately determined to be valid, and the court ordered that the house be inherited by the spouse and the transfer of ownership be completed within a specified time limit. The spouse was required to pay 1 million yuan in one go within the agreed time limit. This case shows that the value of the witnessing process lies not only in formal compliance, but also in writing the objects of the will and the performance arrangements in a way that can be enforced. This case was handled by Beijing Henglu Law Firm.Yuan HangAttorney (practice certificate number: 11101202110286151, 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. Complete the property inventory in advance and verify the ownership and encumbrances one by one; 2. Organize the list of heirs and their identity information, and clarify whether there are circumstances requiring the retention of necessary shares; 3. Select a form of witnessing and specify whether to use a self-written, proxy-written, printed, or notarized document, and verify the corresponding legal requirements; 4. Arrange qualified witnesses and ensure their presence to witness the signing process, and record their signatures and fingerprints as necessary; 5. Specify the complete address and property rights certificate number of the real estate, as well as the respective shares and performance deadlines in the document; 6. If there are previous wills, explicitly state their invalidation in the new will. Legal basis: Articles 113, 114, 115, and 116 of the Civil Code of the People's Republic of China (all effective as of January 1, 2021); Related provisions of the Interpretation (I) of the Inheritance Chapter of the Civil Code by the Supreme People's Court (effective as of January 1, 2021); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the witness must not be an heir or a legatee, as this is the most easily overlooked red line. Secondly, the content of the will should be specific enough to be enforceable, as vague expressions may lead to disputes during the inheritance stage. Thirdly, evidence of the testator's capacity to make a will at the time of testamentary disposition should be preserved simultaneously, including medical records and on-site images. Fourthly, the manner and deadline for the performance of a conditional will must be clearly stated, otherwise it will be easily obstructed during the execution stage. Fifthly, if there are other wills in existence, they should be explicitly declared invalid to avoid the coexistence of old and new versions. Sixthly, after the witnessing process is completed, it is recommended that the law firm properly keep the original will and inform all heirs of the existence and storage location of the will. For the supporting ideas of concluding an agreement and communicating with the family, please refer to the relevant materials.Property transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: Do both parties to the will need to be present when a lawyer witnesses the will?

It's generally required. The testator's presence in person is a basic requirement. The witnesses should also witness the process of making the will at the same time and place. The lawyer is responsible for verifying the identity, confirming the authenticity of the intention, and recording the key process. In practice, some elderly people are unable to attend the law firm due to physical reasons. In this case, it's possible to arrange on-site witnessing, but it's necessary to fully record the attendees, time and location, and ensure the signature and stamping are properly done to avoid formal defects.

Q2: How many people are required to witness a will?

Both holographic wills and printed wills require the presence of two or more witnesses, who should sign on each page of the will. Two points need to be noted: first, the number of witnesses must meet the requirements and they must actually be present; second, the witnesses cannot be inheritors or legatees, nor can they have any interest in the content of the will, otherwise, even if the form is complete, it may be deemed to have a defect in validity. Although there is no requirement for witnesses for holographic wills, it is still recommended to retain witnesses to enhance the probative force of the will.

Q3: Is it possible to only write the address of the house in the will?

This is not secure enough. It's best to also specify the complete address of the real estate, the real estate ownership certificate number, the registered owner of the property, and the specific share of the house. The house may have co-owners, mortgages, or seizures, and only writing a brief address may lead to unclear references during the inheritance stage. If the property ownership certificate has not been obtained or is still being processed, the contract number and purchase time should be specified, and the actual possession and use situation should be noted, to facilitate subsequent rights confirmation.

Q4: Is the will written by an elderly person still valid even if they are getting older?

The age itself does not affect the validity of a will. The criterion for judging its validity is whether the testator had full capacity for civil conduct at the time of making the will. In practice, if the elderly person suffers from serious diseases or cognitive impairment, the validity of the will is likely to be questioned. Therefore, when making a will, it is advisable to keep materials about the testator's health status at the same time, such as recent medical records, diagnosis certificates or doctors' evaluation opinions. If necessary, video or audio recordings can be arranged to confirm their true intention, which will give them more confidence in the event of a dispute over the validity of the will.

Q5: Can the will be changed after it has been drawn up?

Yes, it's possible. The law does not prohibit making multiple wills, but the processing rules need to be designed in advance. Generally, the later will supersedes the previous one in the conflicting parts, and the non-conflicting parts will still be handled according to the previous will; it may also be replaced entirely by explicitly stating that all previous wills are invalid. It is recommended that each time you make a new will, you clearly state in the text that all previous relevant wills are invalid and indicate the date of this new will, to avoid the situation where both wills refer to the same property.

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 Henglue Lawyers about 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 Yuan Hang·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.