[Direct answer]In the Beijing area, to determine whether a will is valid, it is necessary to examine whether it meets the requirements of the testator's capacity for making a will, the expression of true intention, and the statutory formal requirements. According to Article 1143 of the Civil Code of the People's Republic of China (effective from January 1, 2021), wills made by persons without or with limited capacity for civil conduct, wills made under duress or fraud, forged wills, and wills with altered contents are all invalid. The portions of the will that dispose of other people's property are also invalid. Holographic, typed, recorded, and oral wills all require the presence of at least two witnesses. When there are doubts about the validity of a will, it is possible to apply for handwriting identification and collect witness materials, and consult professional lawyers as soon as possible to assess the validity and evidence-gathering path. For more situations, please refer to the relevant provisions.Inheritance and division of the estateColumn.

1. Problem background and typical scenarios

In the practice of inheritance, it is very common for wills to be challenged as invalid. Firstly, the self-written will is alleged to have been written by someone else or to contain alterations, and the heirs apply for handwriting identification. Secondly, the will written by a proxy or printed will lacks the signature of witnesses or the witnesses are unqualified, and the formal requirements are questionable. Thirdly, the testator is old and sick, and relatives claim that he/she did not have the capacity for civil conduct at that time. Fourthly, the will is alleged to have been made under fraud or coercion, or to have disposed of the property owned by the spouse or children. Fifthly, the contents of multiple wills conflict with each other, and disputes arise over the priority of the later will compared with the earlier one. For cases involving real estate inheritance, the above content can be referred to simultaneously.Real estate transactions and construction projectsColumn. In the event of such disputes, it is recommended to fix the original will and the witness clues as soon as possible.

II. Key points of contention

First, the testator's capacity for making a will and whether illness or old age affect the validity of the will require medical and witness evidence to support it. Second, the authenticity of the expression of intent and whether it reflects the testator's true will when subject to fraud or coercion or written by others on behalf of the testator. Third, the formal requirements, where different types of wills have different legal requirements for the number of witnesses. Fourth, whether the content of the will exceeds the scope of property that the testator has the right to dispose of. Fifth, the priority of multiple wills, with the latest will taking precedence. Sixth, the identification and removal of forged or altered parts. The specific identification shall be based on the current effective laws and regulations and judicial rulings. Relevant family disputes can also be referred to for reference.Marriage and family matters, and divorce litigationColumn.

III. Professional analysis by Henglue Law Firm

Take an inheritance dispute handled by our firm as an example to better understand the scope of a joint will's legal effect. The decedents, Wang * and Liu *, were married and had two sons, Wang *1 and Wang *2. The two properties in Dongcheng District, Beijing, owned by the couple were their joint marital assets. On April 30, 2015, Wang * and Liu * signed a joint will, stipulating that the two properties would be inherited by Wang *1. On October 8, 2015, Wang * signed another will, stating that his share of the two properties and deposits would also be inherited by Wang *1. Liu * died in May 2015, and Wang * died in June 2022. Wang *2 disagreed with this, claiming that the joint will was invalid and demanding statutory equal division, arguing that the April 30, 2015 will did not reflect Liu *'s true intentions. Wang *1 appointed our firm's attorneys to defend against the lawsuit. During the litigation, both parties requested handwriting identification of the signatures on the two wills. The "Judicial Appraisal Opinion" confirmed that the signatures were written by the same person. The first-instance court ruled that the joint will was legal and valid, with the two properties in Dongcheng District being inherited by Wang *1. Wang *1's bank account deposits, interest, pensions, and funeral expenses were also awarded to Wang *1, who was required to pay Wang *2 RMB 501,934.28 within 15 days of the judgment taking effect. Wang *2 appealed, but the second-instance court held that the April 30, 2015 will met the formal requirements of a joint will and that the existing evidence did not prove coercion or significant misunderstanding during the signing process, dismissing the appeal and upholding the original judgment. This case demonstrates that a joint will signed by both spouses voluntarily and with legal content is valid, and that the surviving spouse's will may still take effect after the death of the other spouse. When there are disputes over the authenticity of a will, handwriting identification is a crucial piece of evidence. This case was handled by Beijing Henglue Law Firm. 以本所承办的一起继承纠纷为例，可以更直观理解共同遗嘱的效力边界。被继承人王某、刘某系夫妻，育有二子王某1、王某2，名下有北京东城区两套房屋系夫妻共同财产。2015年4月30日，王某、刘某立共同遗嘱，表明两套房屋由王某1继承；2015年10月8日王某再次订立遗嘱，表明两套房及存款中属于自己的份额由王某1继承。刘某于2015年5月去世，王某于2022年6月去世。王某2不服，主张共同遗嘱无效并要求法定平均分割，认为2015年4月30日遗嘱不能体现刘某真实意思。王某1委托本所承办律师应诉。诉讼中，双方申请对两份遗嘱中王某、刘某签名笔迹鉴定，《司法鉴定意见书》确认系同一人书写。一审法院认定共同遗嘱合法有效，东城区两套房屋归王某1继承，王某名下银行账户存款及利息、抚恤金、丧葬费归王某1所有，王某1于判决生效之日起十五日内给付王某2款项501934.28元。王某2上诉，二审法院认为2015年4月30日遗嘱符合共同遗嘱形式要件，现有证据不能证明签字时存在胁迫或重大误解，驳回上诉、维持原判。本案说明，夫妻自愿共同签署、内容合法的遗嘱有效，一方去世后另一方的遗嘱部分仍可发生效力；对遗嘱真实性有争议时，笔迹鉴定是关键证据。本案由北京恒略律师事务所承办。Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Properly preserve the original will, witness statements, and video footage of the will-making process; 2. If you suspect the will has been forged or tampered with, apply to the court for handwriting authentication as soon as possible; 3. Verify whether all the property disposed in the will belongs to the testator's personal assets to avoid disposing of others' property, which may result in partial invalidity; 4. When multiple wills conflict with each other, confirm that the last-made will takes precedence; 5. If the heirs cannot reach an agreement on the division of assets, promptly clarify the share through litigation. Legal basis: Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021) specifies the statutory circumstances under which a will is invalid, Article 1142 stipulates the rules for revoking and amending a will, and Articles 1133 to 1140 respectively set out the formal requirements for various types of wills. For related procedural details, please refer to the relevant provisions.Special services and other casesColumn.

5. Henglue Law Firm's Reminder

Risk warning: Firstly, defects in the form of wills often become a loophole for disputes over their invalidity. For written wills, printouts, audio and video recordings, and oral wills, there must be at least two qualified witnesses. Secondly, handwriting identification is the core method of resolving disputes over authenticity, and the earlier it is applied, the more beneficial it will be. Thirdly, a will can only dispose of the testator's personal property. The part disposed of the spouse's or children's property is invalid. Fourthly, multiple wills shall be governed by the latest one, but the evidentiary value of the previous wills should not be ignored. It is recommended to use standard forms when making a will, and if necessary, to go through notarization or lawyer's witnessing. For related inheritance planning, please consult a professional.Beijing Henglu Law FirmA professional lawyer.

VI. Frequently Asked Questions

Q1: Under what circumstances will a will be deemed invalid?

According to Article 1143 of the Civil Code of the People's Republic of China, the wills made by persons without or with limited capacity for civil conduct, those made under fraud or coercion, forged wills, and the contents of wills that have been tampered with are all invalid; the parts of the will in which the testator disposed of others' property are also invalid. In addition, holographic wills, typed wills, audio and video wills, and oral wills that lack more than two qualified witnesses may also be deemed invalid due to formal defects. When making a judgment, three criteria should be considered comprehensively: the testator's capacity for civil conduct, the true intention of the testator, and the formal requirements of the will.

Q2: What evidence do I need to collect to challenge the invalidity of a will?

Four types of materials should be collected: First, the original will and the video of the will-making process, as well as the witnesses' testimonies, to prove the form and true intention of the will; Second, the testator's medical records and diagnosis certificates at the time, which are used to determine their capacity for action; Third, applying for a judicial appraisal of the signatures on the will to resolve disputes over its authenticity; Fourth, proof of property ownership, to distinguish the testator's personal property from that of others. The more complete the evidence is, the more confident one can be in claiming or refuting the invalidity of the will.

Q3: How much does it cost to hire a lawyer to handle a dispute over an invalid will?

The attorney's fees are usually determined through negotiation based on the value of the estate, the complexity of the case, and the workload involved, with no standardized rates. The litigation fees are charged by the court based on the amount of the litigation request, and the successful party shares the fees proportionally. If handwriting authentication is involved, the client needs to prepay the authentication fees. The specific amounts should be evaluated based on the value of the estate, such as real estate and deposits, and the scope of the dispute. It is recommended to first make a preliminary judgment on the evidence and approach, and then determine the budget and commissioning plan.

Q4: How long does it usually take to litigate a case where a will is declared invalid?

The first-instance ordinary procedure generally lasts no more than six months, and the case may be extended if it is complex or requires handwriting identification. The second-instance procedure lasts about three months. If there are multiple conflicting wills, involving property appraisal or multiple heirs, the time will be extended accordingly. The key is to fix the original will and the identification samples as soon as possible to avoid repeated procedures. The execution stage depends on the cooperation of all parties and the status of the property.

Q5: What should I do if I find that the will may be invalid?

The first step is to immediately secure the original will, the witness's testimony, and the materials related to the process of making the will; the second step is to verify whether all the property disposed in the will belongs to the testator personally; the third step is to apply for handwriting identification as soon as possible when there are doubts about the authenticity; the fourth step is to negotiate with the heirs, and if no agreement can be reached, promptly file a lawsuit to confirm the validity and share of the inheritance. For related inheritance planning, it is recommended to learn about it firstInheritance and division of estateA professional explanation of the column, and if necessary, engage a lawyer to assist with it.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or 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. →Inheritance legal services·Attorney Li Yonghui·Beijing Henglue 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.