[Direct answer]In the Beijing area, family legal consultants usually assist in drafting prenuptial agreements and wills, which is also one of the core contents of such services. Regarding prenuptial agreements, according to Article 1065 of the Civil Code of the People's Republic of China (effective from January 1, 2021), both parties may stipulate in writing the ownership of property acquired before marriage and during the marriage, which is legally binding on both parties; regarding wills, Articles 1134 to 1139 of the Inheritance Chapter of the Civil Code stipulate six forms of wills: self-written, written by others, printed, audio and video, oral, and notarized, and their essential elements. Having a lawyer draft and witness the wills can effectively reduce the risk of invalidation due to formal defects. Before drafting the wills, the consultant will sort out the property list, confirm the true intentions, and assess the risk of effectiveness. The relevant services can be referred to for reference.Marriage and family matters, and divorce litigationColumn.

I. Problem background and typical scenarios

Such needs are common in several situations: Firstly, one party owns real estate, equity or large sums of money before marriage and wants to clarify the ownership to avoid future disputes. Relevant arrangements can be referred to for reference.Marriage and family matters, and divorce litigationFirst, the program highlights the fact that divorce often leads to disputes over property ownership and custody of children. Second, remarried families need to arrange both the couple's property and the inheritance shares of their respective children. Third, entrepreneurial families worry about the risk of business operations affecting family assets. Fourth, elderly people hope to make a will to clarify the distribution of real estate and savings, and those involved in inheritance can refer to it for reference.Inheritance and division of estate1. Column; 5. Family wealth allocation across different regions requires coordinating the formal requirements of various assets. When handling similar matters in Beijing, advisors usually first provide a list of assets and a project proposal, followed by the signing of a contract to implement the plan.

II. Key points of dispute

Focus One: The scope of validity of prenuptial agreements. Parties may stipulate the ownership of property and the assumption of debts, but they are not allowed to restrict marital freedom or dispose of others' property. Provisions concerning child custody cannot preemptively exclude statutory rights. Focus Two: Requirements for the form of wills. For printed wills, two witnesses must be present to witness the signing process. Both the testator and the witnesses must sign each page of the will and indicate the date. For handwritten wills, the entire text must be written and signed by the testator. Focus Three: In the event of conflicting provisions in multiple wills, the latest will shall prevail, and notarized wills will no longer enjoy priority validity. Focus Four: A will that disposes of another spouse's share of marital property is invalid. Focus Five: The mandatory reserved portion rule stipulates that the will must reserve a necessary share for heirs who lack the ability to work and have no source of income. Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Based on the practical experience of lawyers from our firm in drafting family-related documents, the effectiveness and legal risks of prenuptial agreements and wills mainly lie in two aspects: content and form. On the content level, common problems include vague property descriptions, such as only stating that premarital property belongs to each party without specifying the location and ownership information, or agreeing on debt repayment but failing to inform creditors. While such agreements are legally valid internally, they may face challenges in external enforcement. On the form level, replacing handwritten wills with printed ones, having witnesses and inheritors of a will involved in a conflict of interest, and omitting the signature page date in a printed will are all common causes of invalidation or partial invalidation in judicial practice. The usual approach of our lawyers is: first, conduct a comprehensive review of the client's assets and family structure, then draft clauses item by item and explain the legal consequences. Important documents are simultaneously arranged for notarization or lawyer witnessing, with the entire signing process recorded. Additionally, we explain to clients the procedures for future amendments to ensure that the documents are legally binding and practical. Arrangements for corporate equity-related assets can also be referenced for guidance.Business and contract disputes in enterprisesColumn.

IV. Practical suggestions and legal basis

Action recommendations: 1. Before drafting the agreement, complete an inventory of assets, listing property, vehicles, deposits, equity, and insurance policies, each with proof of ownership attached. 2. Specify the three key elements—property ownership, income distribution, and debt assumption—in the prenuptial agreement, and have both parties sign and keep a copy each. 3. Select an appropriate form for the will based on the type of assets, and consider notarization or witnessing by a lawyer for major assets like real estate. 4. Properly store the original documents and inform trusted custodians to avoid loss or replacement. 5. Update the agreements promptly after major changes in family structure or assets. Legal basis: - Article 1065 of the Civil Code of the People's Republic of China governs marital property agreements. - Article 1133 stipulates that natural persons may dispose of personal property through a will. - Articles 1134–1 139 outline the forms of wills. - Article 141 defines the mandatory reserved share system. - Article 142 governs the revocation and modification of wills. For template documents and witnessing guidelines, please refer to the relevant sources.Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, prenuptial agreements are not a panacea. Clauses that are illegal or manifestly unfair may not be supported. Secondly, defects in the form of wills are the main reason for their invalidity. Making documents by oneself to save money often leads to losses outweighing the benefits. Thirdly, wills should be used in conjunction with tools such as insurance and trusts, as a single tool is difficult to cover all inheritance needs. Fourthly, improper storage of family documents may lead to conflicts. It is recommended to seek the assistance of a consultant for custody. It is advisable to consult as soon as possible.Beijing Henglu Law FirmFor similar columns on the official website, professional lawyers review the text and ensure that it meets all formal requirements.

VI. Frequently Asked Questions

Q1: Is the prenuptial agreement drafted by a lawyer valid?

A prenuptial agreement that meets the statutory requirements is valid. According to Article 1065 of the Civil Code, both parties may agree in writing on the ownership of their premarital and marital property, and such an agreement shall be legally binding on both parties. The prerequisites for its validity include: the parties' true and voluntary consent, the use of a written form, and the content not violating mandatory legal provisions or disposing of others' property. Having a lawyer draft the agreement can ensure that the clauses are expressed precisely and in a standardized form. If necessary, the agreement can be notarized to further enhance its evidentiary force.

Q2: What content should a prenuptial agreement generally include?

The core consists of three parts: First, the ownership of property. It specifically lists the ownership of pre-marital property and marital income such as real estate, deposits, vehicles, equity, and intellectual property income. Second, income and debts. It stipulates the distribution of property income and the way of assuming debts during the marriage. Third, dispute resolution and effective clauses. The content should be specific to the location of the property, account number, or ownership certificate number, to avoid ambiguous expressions that may lead to interpretation disputes. When signing the agreement, it is recommended to keep a record of the signing process of both parties.

Q3: How much does it cost to hire a lawyer to draft a will?

Generally, fees are charged on a per-item basis, depending on the type and quantity of assets, the form of the will, and whether a witness or notarization is required. The guidance fee for a simple self-written will is lower, while it will increase correspondingly for cases involving multiple sets of real estate, company equity, or requiring a lawyer's witnessing or notarization. Services related to overall inheritance planning are charged on a project-specific or annual basis. It is recommended to first clarify the scope and form of the assets and then consult and compare quotes from law firms.

Q4: Which is better, a self-written will or a will witnessed by a lawyer?

Each has its own applicable scenarios. A self-written will is written, signed, and dated by the testator in its entirety. It has low cost but strict formal requirements, and the risk of defects is high. A will drafted by a lawyer and witnessed by a third party is more standardized and expresses the will in a rigorous manner. It can also verify the ownership of the property in advance, and the risk of being declared invalid is lower. For complex property or sensitive family relationships, it is recommended to use the method of a lawyer drafting and witnessing or notarization. For related services, please refer to the relevant information.Inheritance and division of estateColumn.

Q5: Can the will be changed after it has been drawn up?

Yes. According to Article 1142 of the Civil Code, a testator may revoke or modify the will they have made. If the testator engages in a civil legal act that is contrary to the content of the will, it shall be deemed as a revocation of the relevant content of the will; if the contents of multiple wills conflict with each other, the latest will shall prevail. Modifications must also comply with the statutory formal requirements. It is recommended to adopt a new will and explicitly state that the old will is invalidated and a new one is adopted, or to entrust a lawyer to assist in the process to avoid disputes arising from the coexistence of the old and new wills.

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 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. →Intellectual property protection legal services·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. In case of disputes, please consult a practicing lawyer in time.