[Direct answer]In the Beijing area, where the validity of wills is disputed, the dispute should be addressed according to its type. There are five common types of defenses and response strategies: 1. **Formal Requirements Defense**: Check whether the will complies with legal formalities and meets all requirements. Article 1134 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that a handwritten will must be written and signed by the testator, with the year, month, and date specified. Article 1135 requires that a witnessed will must be witnessed by at least two witnesses, and Article 1136 stipulates that a printed will must be witnessed and signed by at least two witnesses on each page. 2. **Authenticity Defense**: Request a handwriting analysis to compare the signature and the text. 3. **Legal Capacity Defense**: The opposing party often argues that the testator lacked legal capacity at the time of testamentary execution. This can be refuted by reviewing medical records from around the time of testamentary execution and the circumstances of on-site witnessing. 4. **Conflicting Wills**: According to Article 1142 of the Civil Code (effective January 1, 2021), if multiple wills with conflicting contents exist, the latest will takes precedence. 5. **Witness' Interest Defense**: This defense primarily affects witnessed, printed, recorded, and oral wills, as a handwritten will does not require a witness. Overall, the core of dispute resolution lies in securing original documents, establishing time lines, and gathering counter-evidence.\nInheritance of property and division of family assetsThe column provides a detailed description of the scope of the effectiveness review service.

1. Problem background and typical scenarios

The parties who consult on such issues are often in the stage where the will has been drawn up but is being questioned. There are four common situations: First, other heirs claim that the will is forged, citing reasons such as the signature not resembling the person's own, or the content of the will not being consistent with the person's usual habits; Second, they claim that the testator suffered from mental illness or serious illness and lacked the capacity for civil conduct when making the will; Third, there are multiple wills in the family, with conflicting contents; Fourth, the witnesses are relatives of the heirs, and they claim that the witnessing process was not legal. In practice, the most common misunderstanding is that people only argue verbally but fail to provide evidence. In fact, the outcome of disputes over the validity of a will often depends on several specific details: whether the original will is in hand, the date of signing and corroborating evidence, whether there are contemporaneous audio and video recordings or witnessing records, and records of the testator's medical and mental state before and after making the will. The party lacking these materials is often at a disadvantage in the appraisal process. For practical judgments on property disposal and registration, please refer to the relevant guidelines.Real estate transactions and construction projectsColumn.

II. Key points of contention

Focus One: Whether the form of the will meets the statutory requirements, and the differences in the establishment conditions of various types of wills. Focus Two: The authenticity of the will, and the methods of comparing the handwriting of the signature with the main text and the selection of samples. Focus Three: The capacity to make a will and the expression of true intent at the time of making the will, and how to determine the existence of coercion. Focus Four: The order of effectiveness of multiple wills and the rules for revoking them. Focus Five: The qualifications of witnesses and the scope of the influence of their vested interests. Focus Six: How to handle parts of the will that are illegal or violate public order and good customs. Focus Seven: The differences between bequests and testamentary succession, and the acceptance period requirements for the donees. Focus Eight: The path of dispute resolution, and the choice of order between consultation, mediation, and litigation. The above specific rules are subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Take the inheritance dispute represented by Attorneys Xue Shuhua and Zhang Jun of our firm as an example, we can see how to break down the defenses of validity one by one. The decedents Dong Lifeng and Liu Shufen remarried on December 18, 1980. Before his remarriage, Dong Lifeng had two daughters, Dong Fei and Dong Hua; before her remarriage, Liu Shufen had two sons, Su Xiaojun and Su Zhiyong. At the time of their remarriage, all four children were minors, lived together, and formed a supportive relationship. The couple purchased the house located at No. 6, Building 11, East Court, Xiangshan Coal Factory Street, Haidian District, Beijing on April 19, 2016, and confirmed it as their marital joint property. After Dong Lifeng's death on January 5, 2024, Dong Fei questioned the validity of the will and refused to cooperate with the transfer of ownership. Su Zhiyong therefore entrusted Attorneys Xue Shuhua and Zhang Jun of Beijing Henglu Law Firm to file a lawsuit. The defendant raised multiple defenses: claiming that the form of the will was flawed (only Liu Shufen signed the date), that the witness, Su Zhiyong's cousin, had a conflict of interest, that Dong Lifeng's true intention could not be proven, and submitting multiple hospitalization records from 2009 to 2020 to claim that he lacked capacity at the time of making the will, and applying for a signature authentication of Dong Lifeng's signature. The lawyers adopted a dual-track strategy of constructing evidence chains and analyzing legal elements: First, they strictly adhered to the formal requirements of a handwritten will as stipulated in Article 1134 of the Civil Code of the People's Republic of China, emphasizing that the will met the core requirements of being handwritten, signed, and marked with the date, and that the legality of the form was the cornerstone of its validity. Second, they used the judicial appraisal conclusion to confirm that the signature on the will was indeed written by Dong Lifeng himself, refuting the objection to its authenticity. Third, they dismantled the challenge to his capacity, pointing out that the cross-year hospitalization records submitted by the defendant had weak relevance to the time of making the will, and retrieved the "Disease Certificate" dated May 9, 2016, which recorded that his condition was stable and his consciousness was normal. Fourth, they resolved the mystery of the witness, explaining in court that a handwritten will does not necessarily require a witness, and that the existence of a conflict of interest between the witness and the testator does not affect the validity of the will. The court fully adopted the above opinions, ruling that the will was a marital joint will, met the formal requirements of a handwritten will, and was legally valid; that 50% of the house involved in the case was Dong Lifeng's estate, which was inherited by Su Zhiyong in accordance with the valid will; that Liu Shufen enjoyed the remaining 50% share; and that the remaining bank deposits, funeral expenses, and pensions without a will would be handled in accordance with statutory inheritance, with the heirs including her spouse Liu Shufen, her stepchildren Su Zhiyong and Su Xiaojun, and her biological children Dong Fei and Dong Hua, all of whom were first-order heirs. Due to Liu Shufen's advanced age, lack of labor capacity, and long-term cohabitation, she would own the aforementioned funds, but would need to pay a depreciation fee of 123,630.97 yuan to the other four heirs. The case was handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice certificate number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. Confirm immediately whether the original will is in your possession and ensure its safekeeping. 2. Document the time and circumstances of the will's preparation, and preserve witness records, audio/video recordings, and information about the attendees at the signing. 3. Organize medical records and mental health evaluation materials from around the time of will preparation. 4. Prepare comparable evidence for authenticity disputes, such as personal letters and signature samples. 5. Obtain a post-will health certificate to address challenges regarding testator's capacity. 6. Verify whether witnesses have conflicts of interest with inheritors and confirm the number of witnesses. 7. Investigate the existence of multiple wills and their chronological order. 8. Assess the need for handwriting analysis and ensure the qualifications of the evaluating institution and the status of the application. Legal basis: Articles 1134, 1135, 1136, 1138, 1141, and 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021); Provisions on evidence and expert evaluations in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024).

5. Henglue Law Firm's Reminder

First, the original will is the core, and copies have much weaker probative force. Once lost, you will be at a disadvantage. Second, the witness's defense of interest has limited impact on the self-written will, but the other party often uses this to create confusion, so you should prepare legal interpretations in advance. Third, handwriting identification may not necessarily be beneficial. Improper selection of samples may lead to unfavorable conclusions. Fourth, when the other party claims lack of capacity for action based on medical records from different years, the medical records near the time of making the will are the most powerful counter-evidence. Fifth, when multiple wills conflict, you should first look at the time node of legal application. The differences between the new and old rules are obvious. Sixth, pay attention to the different acceptance periods of bequest and testamentary inheritance, and be particularly cautious when involving bequees other than legal heirs. Seventh, negotiation and mediation should be the first choice. The appraisal process in litigation will significantly prolong the cycle. Eighth, don't try to sign documents retroactively after a dispute arises, as this often backfires. For dispute resolution paths, you can refer to the following:Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: What should I do first if there's a dispute over the validity of a will?

First, confirm whether the original will is in your possession and properly stored, and record the issuance time, witnesses, and the circumstances present at the time. Then, prepare counter-evidence specifically: for formal issues, prepare witness records; for authenticity issues, prepare comparable handwriting samples; and for capacity issues, prepare medical records from around the time the will was drafted. It is advisable to resolve disputes through negotiation first, and if negotiation fails, then consider mediation or litigation.

Q2: Under what circumstances might a will be invalid?

Common situations include: not meeting the requirements of the corresponding form, such as a will written by an agent, a printed will lacking more than two witnesses or unsigned and unmarked with the date; the testator lacked civil capacity when making the will; the will was made under fraud or coercion; the content violates the mandatory provisions of laws and administrative regulations or public order and good customs; a forged will. In addition, if the donee fails to accept the gift within 60 days after knowing about the gift, the gift shall not take effect.

Q3: If I suspect that the will was not written by myself, can I apply for an appraisal?

It is possible to apply to the court for a handwriting authentication. Usually, the signature is authenticated first, and if necessary, the main text will also be authenticated. Three points need to be noted: First, provide sufficient and high-quality comparable samples, such as the writer's daily letters and signatures; Second, confirm the qualifications and acceptance status of the authentication institution; Third, make it clear that the scope of authentication should cover the disputed part. Authenticating only the signature may not be enough to respond to the doubts about the inconsistency between the main text and the signature.

Q4: If the witness is a relative of the heir, does the will necessarily be invalid?

Not necessarily. The existence of a witness's interest in the inheritance mainly affects the validity of testamentary documents, printed documents, audio and video recordings, and oral wills, while a self-written will does not require a witness. In practice, it is common for a will to be written by others but to meet the formal requirements of a self-written will. In this case, the witness's signature is just an additional factor, and his or her interest in the inheritance generally does not affect the validity of the will itself.

Q5: There are several wills at home. Which one should be taken as the basis?

According to Article 1142 of the Civil Code of the People's Republic of China, if there are several wills with conflicting contents, the latest will shall prevail. It is necessary to pay attention to the time node: legal facts that occurred before the implementation of the Civil Code may still apply the rule that notarized wills take precedence under the original rules. In addition, there are formal requirements for amending or revoking a will. Simply expressing it orally or transferring money privately usually does not constitute a valid amendment.

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 Xue Suhua·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. If a dispute arises, please consult a practicing lawyer in time.