[Direct answer]In the Beijing area, there is no nationwide standard for attorneys' fees in cases of testamentary inheritance. In practice, there are four common billing methods: hourly or daily charging, one-time charging per case, phased charging based on different stages, and contingency fees when the property relations are clear and the evidence is sufficient. The fee level is mainly determined by five factors: first, the complexity of assets. Cases involving mixed assets such as real estate, equity, deposits, and cross-border assets require significantly more work in sorting out and proving the facts; second, the number of heirs and the degree of disagreement. The greater the disagreement, the higher the cost of communication and negotiation; third, the difficulty of evidence collection. Whether handwriting authentication is needed, or whether it is necessary to retrieve notarization and registration materials; fourth, the procedural stage. Services such as witnessing and drafting a will are obviously less complicated than full litigation representation; fifth, whether there are overlapping cases, such as simultaneous handling of property division and conflicts with third-party rights. It should be noted that attorneys' fees and litigation costs are separate accounts: case acceptance fees, preservation fees, and appraisal fees are determined by the court on its own authority or commissioned by the parties, and are not included in attorneys' fees. The "Lawyers Law of the People's Republic of China" (adopted in 1997 and amended and implemented on October 1, 2008) sets out the principles for attorneys' fees. The specific standards shall be subject to the currently effective provisions and the agreement between the parties.Inheritance of property and division of family assetsThe column provides a detailed description of the service scope.

1. Problem background and typical scenarios

When consulting on such issues, clients often find themselves in two situations: first, they have not yet encountered disputes but are worried about potential future conflicts and want to understand the cost of advance planning; second, they have already entered litigation or are facing obstacles in notarization and want to compare the quotes of different solutions. In practice, a common confusion is the inconsistent pricing standards: some charge a fixed fee per case, others charge by stages, and some separately stipulate appraisal and coordination fees in addition to the basic fees. If the pricing standards are not consistent when comparing quotes, misunderstandings are easily created. Another common misunderstanding is regarding attorney fees as the total cost of the case, ignoring expenses such as appraisal, preservation, and notarization. In inheritance cases, if handwriting appraisal or evaluation is required, the appraisal fees may be on the same level as attorney fees. Additionally, when there are significant differences among heirs, the coordination costs vary significantly. In some cases, a single communication is sufficient to form a solution, while in others, multiple pre-trial meetings are required. To determine the connection between procedural nodes and fees, you can refer to the following resources for guidance:Special services and other casesColumn.

II. Key points of dispute

Focus 1: The choice of charging methods, including hourly rates, per-item fees, phased fees, and contingency fees, and the respective scenarios in which they are applicable. Focus 2: The boundaries of service scope, including whether it includes asset organization, heir coordination, appraisal applications, and execution phases. Focus 3: The differences between non-litigation services and litigation services, and the complexity assessment of will witnessing and will drafting. Focus 4: Whether the coordination costs for multiple parties are charged separately. Focus 5: The method of bearing third-party fees such as appraisals, evaluations, and notarizations. Focus 6: The relationship between litigation costs and attorney fees, and how to prepare an overall budget. Focus 7: The applicable conditions for contingency fees and the determination of risk ratios. Focus 8: The calculation method for termination and refunds. The specific charging standards and rules shall be subject to the currently effective regulations and the agreement between the parties.

III. Professional analysis by Henglue Lawyers

Take the inheritance dispute over public housing units represented by Attorney Yu Daiwei of Beijing Henglu Law Firm as an example, we can see how the difficulty of obtaining evidence directly determines the workload and fee structure. Zhang Quan and Liu Cui Fen were a couple and had a daughter, Zhang Ya, and a son, Zhang Zhiqiang. In 1995, Zhang Quan purchased a house at No. 301 in Haidian District, Beijing through the public housing reform program and jointly owned it with Liu Cui Fen. The "Receipt of Payment" document stated that 3,000 yuan was received on December 14, 1994 and 9,276.3 yuan on December 20, 1995, with both payments made by Zhang Quan. On February 24, 2021, Zhang Quan executed a notarized will under the witness of Li * and Li *1, specifying that 50% of the house would be inherited by Zhang Ya. After Zhang Quan's death on February 3, 2022, Zhang Ya claimed inheritance, while Liu Cui Fen and Zhang Zhiqiang raised objections, claiming that Zhang Zhiqiang had contributed 9,000 yuan to the purchase of the house in 1995 and should first be allocated ownership before inheritance. After the court clarified the issue, they later claimed that the 9,000 yuan was a loan. Zhang Ya entrusted Attorney Yu Daiwei of Beijing Henglu Law Firm to file a lawsuit. The lawyer's argument was very clear: First, the will was dictated by Zhang Quan, witnessed by two witnesses on site, and recorded and signed by the notary throughout the process, meeting the formal requirements of a notarized will as stipulated in Article 113 of the Civil Code of the People's Republic of China, and should be deemed valid. According to Article 123 of the Civil Code, inheritance shall be carried out in accordance with the will. Second, the disputed house was purchased by Zhang Quan as a public housing unit based on his employee status, and the ownership of the house was determined by the public housing reform policy, not related to the contributions. Even if Zhang Zhiqiang had actually contributed funds, he did not meet the eligibility criteria for purchasing public housing, so the contributions would only be regarded as a gift or loan to his parents, not constituting joint ownership. The Haidian District Court of Beijing ultimately ruled that 50% of the house owned by Zhang Quan would be inherited by Zhang Ya, and after the inheritance was completed, the house would be jointly owned by Zhang Ya and Liu Cui Fen in a 50/50 split. The court found that the will was legally valid, clear in content, and not refuted by the defendant, so it was deemed effective. The ownership of public housing units was unrelated to the contributions, and even if the 9,000 yuan were true, it would not constitute a basis for division. The claim of a loan lacked evidence and contradicted the testimony in court, so it was not accepted. This case shows that the key to fee calculation lies in the identification of the ownership rules of public housing units and the nature of the contributions. Such issues require extensive review of policy documents and receipts, with the workload being significantly greater than that of simple inheritance rights notarization, hence the reasonable difference in pricing. This case was handled by Beijing Henglu Law Firm.Zhu GuijingAttorney (Practice Certificate No.: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. First, clarify the service needs and distinguish between will witnessing, will drafting, assistance with inheritance rights notarization, and litigation representation. 2. Unify the pricing standards, requiring that the quote clearly indicate whether it includes asset inventory and coordination with heirs. 3. Assess the difficulty of evidence collection, determining whether handwriting authentication, appraisal, or retrieval of registration materials are needed. 4. Determine fees in stages, such as conducting a plan evaluation first and then deciding whether to proceed to the litigation phase. 5. Separately reserve funds for third-party costs, including appraisal fees, evaluation fees, preservation fees, and notarization fees. 6. Clarify the calculation method for contract termination and refunds. 7. Consider risk-based representation only when the property relationships are clear, and specify the risk ratio and settlement method. Legal basis: - The Lawyers Law of the People's Republic of China (adopted in 1997 and amended and implemented on October 1, 2008) regarding lawyer service fees. - Articles 1123 and 1133 of the Civil Code of the People's Republic of China (both effective since January 1, 2021). - The current version of the Payment Methods for Litigation Costs shall prevail.

5. Henglue Law Firm's Reminder

First, the quote does not necessarily reflect the quality of service. In inheritance cases, what matters more is the accuracy of evidence organization and legal application. Second, attorneys' fees and litigation costs are two separate accounts. Before signing the contract, clients should request a written breakdown to avoid underestimating the overall cost. Third, contingency fees are not applicable to all cases. When the property clues are unclear, it's difficult to determine the risk ratio. Fourth, the cost and timeframe of handwriting authentication should be included in the budget when commissioning the service. Fifth, if multi-person coordination work is not included in the scope of services, additional fees may arise later. Sixth, be cautious of statements making absolute promises about outcomes. In inheritance cases, both the share of assets and fees are subject to evidence constraints. Seventh, try to complete planning before disputes arise. The cost of remedying problems after the fact is far higher than the upfront investment. Eighth, the commission contract should specify deliverables and milestones to facilitate process management. For matters related to the execution phase, clients can refer to the relevant guidelines for reference.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: How are attorney fees typically calculated in cases involving testamentary succession?

There are four common charging methods: hourly charging, charging by piece, charging by stage, and risk-based charging. The choice of which method to use mainly depends on the complexity of the assets, the number of heirs and the degree of disagreement among them, whether an appraisal is needed, and whether the case has entered litigation. When signing the contract, it is necessary to require a written specification of the scope of services, deliverables, payment schedule, and refund conditions to avoid disputes caused by unclear terms.

Q2: Do you charge a fee even if I just want to witness a will?

Witnessing a will is a legal service, and the fees are usually charged on a per-service or package basis. Basic witnessing services include verifying the identity and legal capacity of the testator, confirming the testator's intent, witnessing the drafting process, and preserving the witnessing records and keeping the original copy. If the service also involves asset management, designing an inheritance plan for the heirs, and drafting conditional clauses, the workload and fees will increase accordingly. The specific fees will be determined based on the written quotation.

Q3: If I lose the inheritance lawsuit, can I get a refund for the attorney's fees?

This depends on the contractual provisions and the actual workload, rather than the results. Most agencies charge fees in stages, and uncompleted stages can have the corresponding fees refunded according to the contract; under the risk-based fee model, fees are settled according to the agreed ratio. It is recommended to clearly specify the deliverables of each stage, payment milestones, and termination and refund rules when signing the contract, to avoid disputes arising afterwards.

Q4: Are litigation fees and attorney's fees the same thing?

No. The attorney's fee is the service fee paid to the attorney; the litigation fee is the case acceptance fee determined by the court according to the "Measures for the Payment of Litigation Fees", and there are also judicial expenses such as preservation fees, appraisal fees, and evaluation fees. The two fees should be budgeted separately. If the inheritance case involves appraisal, the appraisal fee may be on the same scale as the attorney's fee.

Q5: If there are major disagreements among multiple people, can a lawyer help resolve them?

Lawyers can provide professional support in terms of scheme design and communication, but they cannot guarantee that all heirs will accept a particular scheme. When there are significant differences, progress can be made through separate communication, providing a comparison of the schemes, organizing mediation when necessary, or directly initiating litigation. Whether the coordination work is included in the scope of services should be clearly stated in the contract of engagement, and if necessary, a separate agreement should be made.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 Zhu Guiying·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. If you encounter disputes, please consult a practicing lawyer in time.