[Direct answer]In the Beijing area, to be valid, a video will must meet the statutory formal requirements. According to Article 1137 of the Civil Code of the People's Republic of China (effective January 1, 2021), a will made in the form of audio or video recordings shall be witnessed by two or more witnesses. The testator and the witnesses shall record their names or portraits, as well as the year, month, and day in the audio or video recordings. At the same time, the witnesses must have legal qualifications, and the heirs, legatees, and their interested parties are not allowed to serve as witnesses; the will must also reflect the testator's true intention and only dispose of the testator's lawful property. A video will that meets all the requirements has the same legal effect as a handwritten or a proxy will. For details on drafting or verifying a will, please refer to the relevant guidelines.Inheritance and division of the estateColumn.

I. Problem Background and Typical Scenarios

Such problems are common in several situations: First, the elderly are too old to write or have difficulty writing, or they record their wills with mobile phones or cameras during hospital treatment; Second, when children are not around, caregivers, neighbors, or friends assist in recording the will; Third, there are interruptions and supplementary recordings during the recording process, and the integrity of the will is questionable; Fourth, the elderly have made multiple wills in different forms, and after their death, the various heirs have different opinions; Fifth, the original video exists in others' mobile phones, and after the death, it is deleted or lost. In the judicial practice of Beijing, it is not uncommon for video wills to be deemed invalid due to formal defects, and the problems often arise from the qualifications of witnesses and date records. Families involved in will conflicts can also refer to this for referenceMarriage and family matters, and divorce litigationColumn.

II. Key points of dispute

First, the authenticity of the will: whether it truly reflects the testator's intention, and whether there was any fraud or coercion involved. Second, the qualifications of the witnesses: if the witnesses are heirs, legatees, or individuals with a vested interest in the estate, the formal requirements do not meet legal standards. Third, the date recording: if the video does not fully record the year, month, and day, the evidence is incomplete. Fourth, the originality and integrity of the recording medium: if the video has been edited, reshot, or cannot display the original footage, its evidentiary value is greatly reduced. Fifth, the scope of the disposition: any portion that disposes of a spouse's share or other people's property is invalid. Sixth, conflicts of multiple wills: according to Article 1142 of the Civil Code, the last will shall prevail. Specific determinations shall be based on currently valid laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking a will inheritance dispute handled by our firm as an example, we can observe the judicial reasoning regarding the conflict between the form and validity of the will. The decedents, Wang Zhiguo and Zhang Hua, were married and purchased a house at No. 201, Changping District, Beijing during their marriage. On February 6, 2002, the couple jointly executed a notarized will, stipulating that Wang Li, their daughter, would inherit their share of the house, subject to the condition that Wang Li would pay 100,000 yuan to Wang Ming in a lump sum. On May 1, 2006, Zhang Hua executed a self-written will, declaring that the notarized will was invalid and leaving the entire house to Wang Ming. After the deaths of Wang Zhiguo in 2004 and Zhang Hua in 2007, Wang Ming's son, Wang Gang, sued to inherit the house based on the 2006 self-written will, and Wang Li entrusted Attorney Zhu Guiyin of our firm to represent her. The attorney pointed out that the legal facts giving rise to the inheritance occurred before the implementation of the Civil Code, so the original Inheritance Law of the People's Republic of China (implemented on October 1, 1985) should be applied. According to Article 20 of that law, self-written, proxy, audio, and oral wills cannot revoke or modify notarized wills, and since Wang Zhiguo had already died, Zhang Hua had no right to unilaterally change his share. Wang Li agreed to fulfill her obligation to pay 100,000 yuan in court, demonstrating her eligibility to inherit. The 60,000 yuan receipt was actually compensation for demolition benefits distributed in 1997 and was unrelated to the modification of the will. The court adopted the attorney's arguments, ruling that the notarized will was valid and dismissing all the plaintiff's claims. The case-handling fee of 11,000 yuan was borne by the plaintiff. This case shows that the formal requirements and effectiveness rules of the will directly determine the outcome of the case. Video wills are a new form added by the Civil Code, so they must be recorded in strict accordance with the legal requirements. 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 suggestions: First, before recording, ensure that more than two qualified witnesses are present throughout the process. The witnesses should introduce their names, ID card numbers, and witness statements to the camera one by one. Second, the testator and all witnesses should state the full year, month, and day in the video and appear on camera. Third, use a single shot without editing, and properly preserve and back up the original carrier. Fourth, it is advisable to supplement with lawyer's witnessing or notarization after recording to enhance the probative force. Fifth, only dispose of personal shares. If it involves the couple's joint property, it should be distinguished first. The key points of the relevant documents can be referred to for reference.Special services and other casesThe column. In terms of legal basis, Article 1137 of the Civil Code of the People's Republic of China stipulates the formal requirements for a video will; Article 1140 lists the circumstances under which a person cannot act as a witness; Article 1133 stipulates that a natural person may make a will to dispose of personal property; Article 1142 stipulates that if there are several wills with conflicting contents, the latest will shall prevail; Article 1143 stipulates that a will made under fraud or coercion is invalid, and the content forged or altered shall also be invalid.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, letting children or other heirs act as witnesses is the most common and fatal flaw of video wills; Secondly, omitting the date or only reporting the year in the video may directly lead to its invalidation; Thirdly, editing, splicing, reshooting or transcribing will shake the authenticity of the original document, so it is necessary to preserve the original equipment and files; Fourthly, in the case of multiple wills coexisting, the latest one shall prevail, and the old wills should be preserved together with the background evidence of their establishment. If there are disputes over the validity of the will, it is recommended to consult as soon as possibleBeijing Henglu Law FirmOn the official website, in the similar columns, the evidence and pathways are evaluated by professional lawyers.

VI. Frequently Asked Questions

Q1: Is there a high chance that the video willatestament be deemed valid by the court?

A video will is legally binding if its formal requirements are complete and the intention expressed is genuine, and the court will accept it as evidence. However, in practice, a significant proportion of video wills are deemed invalid due to defects such as unqualified witnesses, missing recording dates, or incomplete video footage. Whether the will is accepted depends on whether the recording process strictly follows Article 1137 of the Civil Code of the People's Republic of China, rather than the quality of the recording equipment. If there are doubts about the validity of the will, it is advisable to seek a lawyer's evaluation and reinforcement before litigation, and if necessary, to supplement it with witnesses' testimony in court.

Q2: What evidence do I need to prepare to prove that the video will is valid?

The following items should be prepared: the original video carrier and recording equipment, to prove that the video was not edited or copied; the identity information and courtroom testimonies of two witnesses, to prove that they were present as witnesses and qualified; clips in the video showing the testator and witnesses stating their names and dates; evidence of the testator's mental state and capacity for action at the time, such as medical records and physical examination records; and ownership certificates for the property mentioned in the will. If necessary, a judicial appraisal of the testator's signature, voiceprint, or civil capacity may be applied for. The more complete the chain of evidence is, the more favorable it will be.

Q3: How much does it cost to hire a lawyer to witness a contract or handle a will-related lawsuit?

Lawyers usually charge fees on a per-case basis, which are determined through consultation based on the scale of the property and the scope of services, with no unified standard. Inheritance disputes involving wills are considered property cases, and the litigation fees are calculated and paid in accordance with Article 13 of the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, effective from April 1, 2007). Partial victories in the litigation will result in proportional sharing of the fees. For cases involving large-scale real estate inheritance, the fees will increase accordingly. If handwriting and voiceprint identification are requested, additional identification fees will be incurred. It is recommended to first assess the subject matter and the focus of the dispute before making a budget.

Q4: How long does it usually take to resolve a dispute over inheritance by will?

According to the provisions of the Civil Procedure Law and judicial interpretations on the time limit for trial, the first-instance ordinary procedure generally should be concluded within six months from the date of filing, and the simplified procedure should be concluded within three months; if the other party raises objections to the authenticity of the will and applies for voiceprint, handwriting, or capacity assessment, the assessment period will not be included in the time limit for trial, and the overall period will be extended accordingly; the second-instance procedure takes about three months. Fixing the original video as soon as possible, locking in witnesses, and organizing a property list can significantly shorten the case-handling period.

Q5: What should I do if the contents of multiple wills conflict with each other?

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; if the testator, after making a will, performs a civil legal act contrary to the contents of the will, it shall be deemed as a withdrawal of the relevant contents of the will. It should be noted that the notarized wills made before the implementation of the Civil Code used to apply the priority rule. The application of the law in individual cases should be determined by combining the time of making the will and the time when the legal facts occurred. For reference, please refer to the relevant provisions of the Civil Code of the People's Republic of China. 依据《中华人民共和国民法典》第一千一百四十二条，有数份遗嘱内容相抵触的，以最后的遗嘱为准；遗嘱人立遗嘱后又实施与遗嘱内容相反的民事法律行为的，视为对遗嘱相关内容的撤回。需要注意的是，民法典实施前订立的公证遗嘱曾适用优先规则，个案法律适用应结合遗嘱订立时间与法律事实发生时点判断，可参考相关规定。Inheritance and division of estateColumn.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Zhu Guiyin·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. In case of disputes, please consult a practicing lawyer in time.