[Direct answer]In the Beijing area, lawyers specializing in will inheritance can conduct a professional review of the legality of the will and issue a written review opinion. Such reviews typically cover six aspects: 1. **Formal requirements review**: Checking whether the will is a self-written, proxy-written, printed, notarized, or oral will, and whether the legal conditions for each type of will are met. 2. **Content review**: Verifying whether the objects of disposition are clearly specified and whether there are any content that violates mandatory regulations. 3. **Legal capacity review of the testator**: Assessing whether the testator had full civil capacity at the time of making the will. 4. **Witness qualification review**: Verifying the number of witnesses, their qualifications, and their presence during the signing process. 5. **Reserved share review**: Confirming whether a necessary share has been reserved for heirs who lack work capacity and have no source of livelihood. 6. **Legal application timing review**: Determining whether the relevant actions occurred before or after the implementation of the Civil Code, as this directly determines which rules apply. It should be noted that the lawyer's review opinion is a professional review, and the final determination of the validity of the will remains with the people's court.

I. Problem Background and Typical Scenarios

The circumstances in which the parties entrust others to review the will mainly include: holding a handwritten or printed text left by the elderly in their hands and being unsure of its validity; different heirs holding separate wills with conflicting legal effects; the elderly having been suspected of having cognitive impairment; preparing to initiate litigation but being uncertain whether the will can be admitted; and hoping to review it in advance to avoid future disputes.Special services and other casesThe will review service in the column is precisely the non-litigation support provided to meet such needs.

II. Key points of contention

Focus I: The probative force of the review conclusions and the extent to which written opinions are admitted in litigation. Focus II: The distinction between formal defects and substantive defects, and whether minor defects can be rectified. Focus III: The criteria for determining capacity and the types of evidence. Focus IV: The consequences of unqualified witnesses. Focus V: The method of determining the point of application of the law. Focus VI: The order of effectiveness among multiple wills.Inheritance of property and division of family assetsThe methods of share estimation and agreement distribution in the column can be used as a supplementary measure for the reviewed plan.

III. Professional analysis by Henglue Lawyers

Take the will inheritance dispute handled by Attorney Zhu Guiying of our firm as an example: The decedent and his spouse purchased a house during their marriage and registered it under one of their names. Both of them died in 2004 and 2007 respectively. In 2002, the couple jointly executed a notarized will, stipulating that the decedent's share of the house would be inherited by their daughter with an obligation to make payments; in 2006, the spouse executed a self-written will, stipulating that the entire house would be inherited by their son. The son sued based on the self-written will, claiming to inherit the entire house according to that will. During the review stage, the attorney confirmed the key facts: The relevant actions in this case occurred before the implementation of the Civil Code, and the provisions of the original Inheritance Law should be applied. The notarized will takes precedence over other forms of wills, and the later self-written will cannot revoke the notarized will. At the same time, the attorney pointed out that the performance of the obligations attached to the original notarized will should also be reviewed. The court adopted the above-mentioned opinions, determined that the notarized will was valid and the self-written will could not revoke the notarized will, and rejected all the plaintiff's claims. This review process shows that the determination of the time point of legal application is often a key factor in determining the outcome of the case. This case was handled by Beijing Henglu Law Firm.Zhu GuixingThe attorney (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action recommendations: 1. Provide all the will texts and original documents when commissioning a review; 2. Simultaneously provide the testator's medical records and relevant witness information; 3. List the scope of heirs and a property inventory; 4. Require the lawyer to provide a written review opinion, detailing the results of formal requirements verification and risk warnings; 5. If multiple wills are involved, request the lawyer to provide a simultaneous analysis of their hierarchical validity; 6. Decide based on the review conclusions whether to continue executing the original will, draft a new one, or initiate litigation in advance. Legal basis: Articles 1134, 1135, 1136, and 1137 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); Related provisions of the Interpretation (I) of the Inheritance Chapter of the Civil Code by the Supreme People's Court (effective from January 1, 2021); For actions taken before the Civil Code came into effect, applicable laws and judicial interpretations at that time shall prevail. Specifically, the current effective laws, regulations, and judicial rulings shall be the authoritative reference.

5. Henglu Law Firm's Reminder

Firstly, the lawyer's professional review opinion is not equivalent to the court's determination of validity. Secondly, the verification of formal requirements must be based on the original documents, as copies and photos have limited probative value. Thirdly, the review of capacity for action requires objective evidence to support it, and medical records are often crucial. Fourthly, it is necessary to clarify the applicable time point of the law, which often involves not just a simple date but also the specific circumstances in which the act occurred. Fifthly, the review of multiple wills should be conducted simultaneously, as reviewing only one will may lead to biased conclusions. Sixthly, it is advisable for the review conclusion to include both risk warnings and alternative solutions, rather than just providing a negative opinion without offering feasible alternatives. For the transfer issues after the review of the will, reference can be made to the relevant provisions.Real estate transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: How much does it usually cost for a lawyer to review a will?

There is no standard pricing, which mainly depends on the number of wills, the type of form, and the complexity of the dispute. The basic review of a single handwritten will takes a relatively short time; however, if it involves conflicts between multiple wills, the need to retrieve medical records to verify the testator's capacity, or the need to determine the point of application of the law, the review workload will increase significantly. It is recommended to clarify the number of wills and specific disputes before entrusting the lawyer, and to obtain a relatively clear quote range from the lawyer, as well as to confirm whether the issuance of a written review opinion is included in the quote.

Q2: Will the court necessarily adopt the conclusions of the review in the litigation?

Not necessarily. A lawyer's review opinion is a professional opinion, and the court will make an independent judgment based on all the evidence of the case. However, a high-quality review opinion can list the formal requirements one by one and focus the disputed points on a few key issues, helping the parties to provide targeted evidence. For example, for disputed points such as the qualifications of witnesses, the state of their capacity for action, and the time of the establishment of the will, lawyers will usually indicate which evidence needs to be supplemented. Based on this, the parties can complete the evidence-gathering, and the probability of the court adopting the evidence will be significantly increased.

Q3: If there are a few minor issues with the will, is it necessarily invalid?

Not necessarily. The Civil Code stipulates that a will shall have a statutory form, but it does not stipulate that minor defects must lead to the overall invalidity. When judging, the nature and severity of the defects are usually examined: for example, whether the witnesses signed on every page or only on the last page, whether the date is fully noted, and whether there are more than two witnesses present. These are usually situations that can be corrected or proven by other evidence. However, fundamental defects such as involving a person without civil capacity, being made by fraudulent or coercive means, or forged signatures may result in the will being ineffective.

Q4: What should I do if the will left by the elderly person differs from what they said verbally?

It is necessary to distinguish the legal effect of a will from everyday expressions. A will that meets the statutory form and is witnessed has independent legal effect, while oral expressions in daily life are generally insufficient to overturn it. However, if it can be proven that the testator changed their true intention after making the will, consideration may be given to making a new will to amend it; if there is evidence to prove that the will was made under fraud or coercion rather than a true expression of intent, the will may be declared invalid. In practice, it is recommended to include a confirmation statement of the testator's major family arrangements in the will to reduce the potential for ambiguity.

Q5: When reviewing a will, do I need to hand over the original to the lawyer?

It is recommended to provide inspection opportunities within a controllable range. For example, both parties can attend the inspection together with a lawyer on site to make an inspection record. Usually, there is no need to deliver the original documents for a long time. If it is necessary to deliver them, a written handover document should be signed and the return time should be specified. If necessary, a receipt can be requested. It should be emphasized that the original documents should always be kept properly. Once the will is made, it should be preserved immediately to avoid loss, damage, or being accessed by others, which is the best form of protection in itself.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are 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 limit. →Legal services for inheritance·Attorney Zhu Guiyin·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.