[Direct answer]In the Beijing area, this is allowed, but the minimum number of witnesses cannot be exceeded. According to Article 1135 of the Civil Code of the People's Republic of China (effective January 1, 2021), a written will shall be witnessed by two or more witnesses. One of them shall act as the scribe, and the testator, the scribe, and the other witnesses shall sign the will and indicate the year, month, and date. It can be seen that the law explicitly allows the scribe to be selected from among the witnesses, that is, the scribe and the witnesses can be the same person, but the prerequisite are that he/she himself/herself is a qualified witness, and the total number of witnesses present must still be more than two. Only if the scribe alone acts as the scribe and is the only one who signs the will, the number of witnesses is insufficient, and the formal requirements of the will are not established. The witness requirements for printed wills are the same. For inheritance-related issues, please refer to the relevant provisions.Inheritance and division of estateColumn.

I. Problem Background and Typical Scenarios

Such doubts are often encountered in several situations: First, the elderly ask a neighbor or friend to both write the will and act as a witness, mistakenly believing that one person can complete all the procedures; Second, the writer of the will is a friend of one of the heirs, and the other heirs question whether his dual roles as a writer and a witness might affect the validity of the will; Third, the will is printed by one of the heirs, who then signs it. The family wants to know whether he can also act as a witness; Fourth, there are two witnesses present, but only the writer of the will signs the will, while the other witness fails to sign it; Fifth, the witnesses later regret their actions or go missing, and it is necessary to clarify the burden of proof for both the writer and the witness. When reviewing such wills, the Beijing district courts focus on verifying the number of witnesses present, the completeness of the signatures, and the date markings. The relevant formal requirements can be referred to for reference.Inheritance and division of estateColumn.

II. Key points of contention

Focus One: The qualification threshold for a notary who also serves as a witness. They must not belong to the three categories of people prohibited from serving as witnesses by Article 1140 of the Civil Code. Focus Two: The determination of the number of witnesses present. There must be at least one qualified witness in addition to the two notaries, and their signatures should be used to corroborate the presence. Focus Three: The handling of cases where witnesses fail to sign. Signatures are the direct evidence of presence. It's difficult to determine that they have fulfilled their witnessing duties if they only make statements but fail to sign. Focus Four: Special requirements for printed wills. The testator and witnesses must sign on each page. If the person who operates the printer and the witnesses have overlapping identities, they do not automatically make up the required number of witnesses. Focus Five: The dual exclusion of notaries and inheritors when they have a conflict of interest. For major estate disposals involving real estate, etc., reference can be made to relevant provisions.Real estate transactions and construction projectsColumn. Specifically, please refer to the currently effective laws, regulations, and judicial rulings for reference.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handling will inheritance disputes at our firm, it is not illegal for the drafter and witness to have overlapping identities. The real high-risk areas lie in the number of witnesses and the details of their signatures. Common disputes include: first, only one drafter was present at the signing ceremony, and the other so-called witness later denied being present. The will was deemed to lack formal requirements due to insufficient witnesses; second, although the witness was present, they only signed the conversation record and not the will itself, making it difficult for the court to confirm that they fulfilled their witnessing obligations; third, the drafter was also a creditor or debtor of one of the heirs, with overlapping qualifications and interests, making them vulnerable to being attacked by the other party; fourth, a multi-page printed will was signed only on the last page, with the previous pages left unsigned, leading to formal disputes. Lawyers at our firm typically recommend the following: for drafted or printed wills, arrange for at least two qualified witnesses to be present throughout the process, and have the testator and all witnesses, including the drafter, sign each page and note the complete date; simultaneously record the witnesses' and drafter's identities and actions via audio and video; and properly store the draft and original copies after signing. Once litigation arises, establishing a complete chain of evidence regarding the number of witnesses, signatures, dates, and the witnessing process is key to maintaining the validity of the will.

IV. Practical suggestions and legal basis

Action suggestions: 1. Arrange for two or more qualified witnesses to be present at the same time, with one of them serving as the scribe or printer; 2. Ensure that the testator, the scribe, and all other witnesses sign the document. For multi-page documents, each page should be signed and marked with the same date; 3. Verify that the scribe is not prohibited by Article 1140 of the Civil Code; 4. Record the entire process with audio and video, and ask all participants to introduce themselves and state their identities; 5. Consider obtaining notarization or attorney witnessing simultaneously to enhance the formal evidentiary force. Legal basis: Article 1135 of the Civil Code of the People's Republic of China stipulates that a scribed will must be witnessed by two or more witnesses, with one of them serving as the scribe and signing together; Article 1136 requires that a printed will be signed on each page; and Article 1140 sets out the prohibited qualifications for witnesses. For more details on the standard requirements for drafting legal documents, please refer to the relevant provisions.Special services and other casesColumn.

5. Henglue Law Firm's Advice

Risk Warning: Firstly, the arrangement where "one person acts as both the executor and the witness" is only valid when there are other qualified witnesses present and sign the document. It is strictly prohibited to appoint just one person to handle all matters. Secondly, signatures cannot be forged by others. Omissions or forged signatures are common causes of legal disputes. Thirdly, if the executor has a conflict of interest with the heirs, the validity of the will will be subject to double questioning. It is advisable to maintain a certain distance when selecting the executor. Fourthly, missing or inconsistent dates will also lead to disputes over the validity of the will. It is essential to ensure that the date, month, and year are complete. For wills involving significant assets, it is recommended to conduct a professional evaluation first, which can be done through the following methods:Beijing Henglue Law FirmYou can visit the official website to learn about the experience in handling inheritance-related cases.

VI. Frequently Asked Questions

Q1: Can a proxy writer also be a witness at the same time?

Yes. According to Article 1135 of the Civil Code, a written will is witnessed by two or more witnesses, and one of them writes it down. The law explicitly allows the writer to be selected from among the witnesses. However, the writer himself must meet the qualifications of a witness, that is, he/she does not belong to the three categories of persons prohibited by Article 1140 of the Civil Code, and the total number of witnesses present and signing must still be more than two. If only one person handles both the writing and witnessing, the number of witnesses is insufficient, and the formal requirements are not met.

Q2: How many people must sign a holographic will?

The testator, the proxy and other witnesses shall all sign the will and indicate the year, month and date. That is to say, apart from the proxy, there should be at least one qualified witness present and sign the will, and the total number of signatories shall be no less than two. If any party's signature is omitted, it may be deemed that the formal requirements are lacking, and in practice, this is a common cause of disputes over the validity of the will. Therefore, the signatures and dates of all parties should be checked one by one when the will is drawn up.

Q3: Can the operator who prints the will be considered a witness?

For those who operate computers and print documents, if they meet the requirements to be witnesses, they can be counted as witnesses. However, Article 1136 of the Civil Code requires that the testator and witnesses sign and date each page of the will, and there must be at least two witnesses. If only the operator signs and there are no other witnesses, the number of witnesses is insufficient. It is recommended that when printing a will, at least two qualified witnesses be present throughout the process to witness and sign each page, and be treated in the same way as a written will.

Q4: If the proxy is a friend of the heir, will this affect the validity of the document?

The key point is whether there is a conflict of interest. Ordinary friendships generally do not affect the qualification of a witness, but if the executor has a conflict of interest with the heir, such as creditor-debtor relationships or joint operations, then he/she belongs to the category of people prohibited by Article 1140 of the Civil Code from having a conflict of interest with the heirs or legatees, and cannot act as a witness. The formal requirements of the will that he/she drafts and witnesses will thus be undermined. When selecting an executor, it is necessary to verify his/her economic transactions with all parties involved.

Q5: Can the defects in the form of a will be remedied?

If the testator is still alive, the most reliable way is to draw up a fully formalized will again. If there are several wills with conflicting contents, the latest one shall prevail, and the old will can be declared withdrawn. If the testator has already passed away, it is impossible to make up for the formal defects, and only evidence such as audio and video recordings, drafts, and witness statements can prove the true intention, with limited effect. Therefore, it is necessary to take all necessary steps when drafting the will, and if necessary, go through notarization or have a lawyer witness it. For inheritance rules, please refer to the relevant provisions.Inheritance and division of estateColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and 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, to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on 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.