[Direct answer]In the litigation of will inheritance disputes in the Beijing area, the core evidence includes the deceased's death certificate, proof of kinship, the original will, evidence of the testator's capacity for action and true intention, and certificates of ownership of the inheritance, etc. According to Article 1123 of the Civil Code of the People's Republic of China (effective January 1, 2021), after the commencement of inheritance, the succession shall be handled in accordance with the statutory succession; where there is a will, the succession shall be handled in accordance with the will or bequest. If there are conflicts among multiple wills, the latest will shall prevail, but the priority rule for notarized wills before the implementation of the Civil Code shall apply to the law at that time. It is recommended to systematically sort out the formal requirements of the will and the evidence of the scope of the estate before suing, and to apply for handwriting identification if necessary. Similar situations can be referred to for reference.Inheritance of property and division of assetsColumn.

I. Problem Background and Typical Scenarios

Such disputes often arise in several situations: First, the decedent left multiple wills, and the heirs are in dispute over which one is valid; Second, the contents of the self-written will and the notarized will conflict, and the children hold different opinions; Third, some heirs question the authenticity of the will, claiming that the decedent was not of sound mind when making the will; Fourth, the scope of the estate is unclear, and it is difficult to separate the real estate, deposits, and financial assets; Fifth, disputes over whether the heirs fulfill their obligations in the will with attached obligations. When handling such cases in Beijing, the court usually first reviews the formal requirements of the will and the time of making the will, and then determines the scope and share of the estate. For cases involving the transfer of real estate inheritance, reference can be made to the relevant provisions of the Inheritance Law of the People's Republic of China and the Judicial Interpretation of the Inheritance Law of the People's Republic of China.Divorce litigation and family disputesColumn.

II. Key points of contention

Focus 1: The formal requirements of a will. There are statutory requirements for self-written, proxy-written, printed, audio-recorded, and notarized wills. Focus 2: When multiple wills conflict, which one takes precedence? After the implementation of the Civil Code, the latest will shall prevail. Focus 3: The testator's capacity to make a will and their true intention are the basis for determining the validity of the will. Focus 4: Defining the scope of the estate. The jointly owned property of a married couple must first be divided into the spouse's share. Focus 5: Whether the heirs fulfill the obligations stipulated in the testamentary will. Focus 6: The burden of proof lies with the party raising objections. Those claiming the will is invalid must provide sufficient evidence. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings. For related procedural explanations, please refer to the relevant materials.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

Taking the will inheritance dispute handled by Attorney Zhu Guiying of our firm as an example, we can observe the evidence-gathering strategies in dealing with multiple conflicting wills. The decedents, Wang Zhiguo and his wife Zhang Hua, purchased a house in Changping District. In 2002, the couple jointly notarized a will, stipulating that their respective shares would be inherited by their daughter, Wang Li, with the obligation of Wang Li paying 100,000 yuan to her son, Wang Ming. In 2006, Zhang Hua drafted a self-written will, stipulating that the house would be fully transferred to Wang Ming. Wang Ming's son, Wang Gang, sued on the basis of the self-written will, and Wang Li entrusted Attorney Zhu Guiying of our firm to represent her, arguing that the law applicable at the time should be applied and that the notarized will should take precedence. The attorney comprehensively reviewed the evidence, pointing out that the facts giving rise to the inheritance occurred before the implementation of the Civil Code, so the original inheritance law should be applied. According to the law, a self-written will cannot revoke a notarized will, and since Wang Zhiguo had already passed away and Zhang Hua had no right to unilaterally change his share, Wang Li agreed to fulfill the obligation in court. The court adopted the attorney's opinion, ruling that the notarized will was valid and dismissing all the plaintiff's claims. This case shows that in dealing with conflicting wills, it is necessary to accurately apply the statute of limitations and formal requirements. The case was handled by Beijing Henglue Law Firm.Zhu GuiyingAttorney (Practice Certificate No.: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, prepare the death certificate and proof of kinship of the decedent to determine the scope of heirs; Second, properly keep and submit the original will. A handwritten will must be written by the testator, signed, and dated; Third, in case of disputes over the authenticity of the will, apply for handwriting identification in time and collect the witness statements, videos, and medical examination materials at the time of making the will; Fourth, clarify the scope of the estate and first separate out half of the marital property; Fifth, if there are multiple wills, determine the priority according to the chronological order and applicable legal rules. In terms of legal basis, Articles 1123, 1134, 1139, and 1142 of the Civil Code of the People's Republic of China respectively stipulate the order of succession by will, the requirements for a handwritten will, notarized wills, and the withdrawal and modification of wills. For related inheritance procedures, please refer to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, the validity of a will relies on formal requirements and the true intention of the testator, and mere verbal challenges are unlikely to be accepted. Secondly, after the implementation of the Civil Code, notarized wills are no longer given priority, and the latest will shall prevail. However, the old rules still apply to facts that occurred before the implementation of the Code. Thirdly, for jointly owned marital property, the spouse's share must be separated out first, and the will only disposes of the testator's own portion of the property. Fourthly, the party who disputes the will bears the burden of proof and should apply for appraisal within the statutory time limit. It is recommended to entrust a professional inheritance lawyer to plan evidence as soon as possible. For more inheritance guidance, please refer to the relevant materials.Beijing Henglue Law FirmThe official website andBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: What evidence should be prepared for a lawsuit regarding a dispute over inheritance by will?

The core evidence includes: the death certificate of the decedent and the proof of kinship, to determine the heir's qualifications; the original will, to prove the content and form of the will; evidence of the testator's capacity for action and true intent at the time of making the will, such as videos, witnesses, and physical examination reports; certificates of inheritance rights, such as real estate certificates, deposit slips, and proof of equity; and, if there are multiple wills, all the wills should be submitted for comparison in terms of time. If necessary, a handwriting identification should be applied for.

Q2: Which of the multiple wills takes precedence in the event of a conflict?

According to Article 1142 of the Civil Code, if there are several wills with conflicting contents, the last will shall prevail; the notarized will shall no longer have priority. However, if the legal facts of this case occurred before the implementation of the Civil Code, the inheritance law at that time shall apply, and the notarized will shall have priority. The key point is to accurately apply the law based on the time of the decedent's death and the time of making the will.

Q3: How to provide evidence to challenge the authenticity of a will?

The party raising the objection shall provide sufficient evidence, such as applying for handwriting identification, submitting the medical records or testimonies showing that the testator was mentally unclear at the time of making the will, or pointing out the lack of formal requirements. Generally, the court will not accept oral claims without objective evidence. If there are objections to the signature or date, the party should submit an application for identification within the time limit for providing evidence.

Q4: How much does it cost to hire a lawyer for a lawsuit regarding inheritance through a will?

The fees include attorney fees and litigation fees. Attorney fees are negotiated based on the value of the property and the complexity of the case, with relatively high fees involved in real estate valuation and conflicts between multiple wills; litigation fees are charged in stages according to the amount of the litigation request, and the other party may bear some of the fees after a victory. The specific amounts are evaluated based on the size of the estate, and it is recommended to first assess the evidence.

Q5: Is an executory will that fails to be performed still valid?

According to the relevant provisions of the Civil Code, the heir of a testament with obligations must fulfill the corresponding obligations when accepting the inheritance; if he fails to fulfill them without justifiable reasons, the court may, upon the request of the interested parties, revoke his right to accept the part of the inheritance with obligations. In this case, Wang Li agreed to fulfill the payment obligation in court, which means she qualifies for inheritance. The specific judgment should be based on the content of the obligations and the possibility of fulfilling them.

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 courts may vary, which 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, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Zhu Guiying·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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 a timely manner.