[Direct answer]In the Beijing area, the legal services for inheritance by will cover the entire process from will planning and effectiveness review to litigation of inheritance disputes. Specifically, they include: assisting in the drafting and witnessing of various wills, reviewing the conflicts of effectiveness of multiple wills, representing clients in will inheritance litigation, handling disputes over the division of marital joint property and the mandatory share, and handling estate division and enforcement. According to the Inheritance Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021), inheritance shall be in accordance with the will if there is a legal and valid will, and in accordance with statutory inheritance if there is no will. Professional lawyers can provide support in both formal compliance and the realization of rights. For more information on related services, please refer to the following link:Inheritance and division of estateColumn.

I. Problem background and typical scenarios

Such needs are commonly encountered in several situations: First, the testator hopes to standardize the making of a will to avoid disputes after his death; Second, families holding multiple wills need to clarify which one is valid; Third, heirs have disputes over the authenticity of the will, leading to litigation; Fourth, the real estate disposed in the will needs to be first separated out for the spouse's share before being inherited; Fifth, there are complex inheritance arrangements in cross-border or remarried families. When handling similar matters in the Beijing area, it is usually necessary to first determine the form of the will and the boundaries of ownership. Relevant family arrangements can be referred to for reference.Marital and family matters, and divorce litigationFor columns related to the division of property in divorce cases, you can also refer to the relevant contentProperty transactions and construction projectsColumn.

II. Key points of contention

First, whether the form of the will is legal. The requirements for a self-written will, a proxy-written will, a printed will, a recorded video will, and a notarized will are all different. Second, when multiple wills conflict in terms of legal effect, which one should prevail? After the implementation of the Civil Code, the latest will shall prevail. Third, the division of marital joint property and the scope of disposition in the will. Fourth, whether the mandatory share is protected. Fifth, whether the donee accepts the bequest on time. Sixth, the burden of proof for disputes over the authenticity of the will. Specifically, the current effective laws and regulations and judicial rulings shall prevail. If debts are involved, they can be dealt with accordingly.Land expropriation and demolition, and administrative litigationColumn.

III. Professional analysis by Henglue Lawyers

Taking a will inheritance dispute handled by our firm as an example, we can see the typical content of will inheritance legal services. The decedents, Wang Zhiguo and his wife Zhang Hua, purchased the house No. 201 in Changping District. In 2002, the couple jointly notarized a will, stipulating that Wang Li, their daughter, would inherit their share of the house (with Wang Li obligated to pay 100,000 yuan to their son, Wang Ming). In 2006, Zhang Hua made a handwritten will, stipulating that the house would be fully transferred to Wang Ming. Wang Ming's son, Wang Gang, sued on the basis of the handwritten will, and Wang Li entrusted our firm's lawyers to represent her, arguing that the original Inheritance Law and the priority of the notarized will should apply. The core dispute was the conflict of multiple wills. The lawyers reviewed the evidence and pointed out that the legal facts occurred before the implementation of the Civil Code, so the Inheritance Law Article 20 should apply, and the handwritten will could not revoke or modify the notarized will; furthermore, Wang Li was qualified to fulfill her obligations; and the 60,000 yuan receipt was actually the distribution of demolition benefits in 1997, which did not produce a change of ownership. The court adopted the lawyers' opinion, dismissed all the plaintiff's claims, and ordered the plaintiff to bear the case acceptance fees. This case demonstrates the services of reviewing the validity of wills and analyzing the conflicts of multiple wills; the case was handled by Beijing Henglue Law Firm.Zhu GuiyinAttorney (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 suggestions: First, when making a will, choose the right form and meet the statutory requirements. If necessary, have a lawyer witness or notarize it. Second, if you have multiple wills, clarify their effectiveness as soon as possible. For related key points, you can refer to the following content.Special services and other cases1. The first category concerns the division of marital property in the event of divorce. 2. The second category involves the priority of testamentary inheritance over statutory inheritance. 3. The third category stipulates that in cases involving real estate, the couple's joint property must be divided before inheritance can take place. 4. The fourth category requires the donee to express their acceptance of the gift within 60 days after learning of the gift. 5. When disputes arise, it is necessary to promptly entrust a lawyer to review the evidence. Regarding legal basis, Article 1123 of the Civil Code of the People's Republic of China establishes that testamentary inheritance takes precedence over statutory inheritance. Article 1142 clarifies that in cases where the contents of multiple wills conflict, the latest will shall prevail. Article 1141 guarantees the mandatory reserved share.

5. Henglu Law Firm's Advice

Risk Alert: First, defects in the form of the will are a major source of inheritance disputes, and it is advisable to standardize its drafting. Second, after the implementation of the Civil Code, notarized wills are no longer given priority, and the last will shall prevail, but they must still comply with legal formalities. Third, the couple's joint property must first be allocated to the spouse's share, and the will only disposes of the decedent's own portion. Fourth, the mandatory reserved share is subject to mandatory protection. It is recommended to plan in advance, keep supporting evidence, and consult a professional lawyer when necessary. For related inheritance services, please refer to the relevant information.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: If I hire a lawyer to provide will inheritance services, am I guaranteed to receive the inheritance?

We cannot guarantee "definitely". Lawyers can improve the compliance of wills and the professionalism of litigation, but the outcome depends on the validity of the will, the ownership of the property, and the evidence. If there is a legal and valid will and the disposition is of the inheritor's own share, the probability of inheritance according to the will is high; if the will is deemed invalid or there are issues such as mandatory reserved shares or the division of marital joint property, the share will be adjusted. It is recommended to view this rationally and enhance the possibility of success with professionalism.

Q2: What legal services are required for entrusting a will for inheritance?

The following materials should be provided: 1. The identities of the decedent and the heirs, as well as death certificates and materials proving their kinship; 2. The original will and supporting evidence of the will-making process; 3. Evidence of the ownership of the inheritance, such as property ownership certificates, bank deposits, and equity shares; 4. All versions of the will if there are multiple versions; 5. Information regarding the couple's jointly owned assets and debts. The more complete the materials are, the more accurately lawyers can review the validity of the will and formulate strategies accordingly.

Q3: How much does it cost to hire legal services for inheritance through a will?

The fees depend on the content of the service: the drafting and witnessing of a simple will are charged on a per-item basis; the review of the validity of a will and inheritance litigation are charged according to the complexity of the dispute and the negotiation of the property subject, with no unified standard. The fees will increase if there are multiple sets of real estate, company equity, or cross-border assets involved. The specific fees should be evaluated based on the scope of the service. It is recommended to consult the client about their needs before providing a quote.

Q4: How long does a lawsuit over a will inheritance dispute typically last?

The simple procedure is generally concluded within three months, the ordinary procedure is generally concluded within six months for the first instance, and the second instance is generally concluded within three months. Cases involving handwriting identification of wills, real estate appraisals, or difficulties in serving the heirs will take longer, and the appraisal period is not included in the trial time limit. Mediation results in a faster conclusion, and enforcement is counted separately. The key is to fix the form of the will and the evidence of ownership as soon as possible.

Q5: What exactly does legal service for testamentary succession involve?

The main services include: assisting in formulating and witnessing various types of wills with lawyers; reviewing the form and effectiveness conflicts of single or multiple wills; representing in will inheritance litigation and defending against objections to authenticity; handling the separation of marital joint property, the protection of mandatory shares, and the acceptance of bequests; and handling estate division, compensation for discounted value, and enforcement. Professionals can intervene in the entire process from planning to implementation, and you can refer to the columns related to inheritance and estate division for more information.

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

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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.