[Direct answer]This does not affect the validity of the will. According to Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021), a will made by a person with no or limited capacity for civil conduct is invalid, and the judgment point is the time when the will is made. The Interpretation of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective January 1, 2021) further clarifies that if the testator lacks capacity for civil conduct when making the will, even if they later gain such capacity, the will remains invalid; if the testator had capacity for civil conduct when making the will but later loses such capacity, the validity of the will will not be affected. Therefore, if an elderly person suffers from Alzheimer's disease, stroke, dementia, or other disabilities after making a will, the previously made will will still be valid. However, during the period of disability, the will cannot be revoked, amended, or newly made, and the management of the property will need to be arranged through the guardianship system, with necessary reference to the provisions of the Guardianship Law.Inheritance and division of estateColumn.

I. Problem background and typical scenarios

Such concerns are common in several situations: First, if an elderly person is diagnosed with Alzheimer's disease several years after making a will, family members may worry that the will will be invalidated. Second, if an elderly person suffers from aphasia and disability after a stroke, children may have disagreements over caregiving and property management. Third, if the elderly person leaves multiple documents before becoming incapacitated, they may be unable to express their true intentions after becoming incapacitated, and all parties may have different opinions on the validity of the documents. Fourth, one party may insist on redistributing the inheritance according to the law, while the other party insists on handling it according to the will. Fifth, if the property owned by an incapacitated elderly person needs to be sold to pay for medical expenses, issues of disposal authority may arise. For related guardianship and family arrangements, please refer to the following document:Marital and family matters, and divorce litigationThe column. When handling similar cases in the Beijing area, evidence is usually organized around the testator's capacity for action and intent at the time of making the will.

II. Key points of contention

First, the determination of the time point of capacity for action shall be based on the time when the will was made. The occurrence of incapacity after that time shall not affect the validity of the will. Second, the capacity for intention during incapacity. Incapacitated elderly people cannot effectively perform legal acts such as revoking or amending the will. The will made after the incapacity may be invalid. Third, the burden of proof and rebuttal. The party claiming that the will is invalid must prove that the testator lacked capacity for action at the time of making the will. It is difficult to refute this claim solely based on post-incapacity medical records. Fourth, the coordination of the guardianship system. After incapacity, a guardian shall be legally appointed to manage the testator's property, but the guardian shall not harm the testator's interests. Fifth, the boundary between the validity of the will and the disposition of property. Real estate transfers and sales shall still be carried out in accordance with the will after the inheritance begins. Sixth, the balance between care expenses and inheritance. Medical and nursing expenses may be paid from the inheritance and preserved with receipts. Reference may be made to the disposition of real estate in this regard.Real estate transactions and construction projectsThe column. Specifically, it shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Take a will inheritance dispute handled by our firm as an example to illustrate the impact of disputes over the testator's capacity on the division of the estate. The decedent, Sun *1, died in June 2020. In his will, he left two properties in Beijing to his parents for retirement and his wife, Huang *. Sun's parents claimed that he had suffered from mental illness for a long time and that his marriage was invalid, and therefore demanded to inherit all his property and requested the division of the two properties, as well as funeral expenses, pensions, provident funds, enterprise annuities, and insurance compensation. Huang * entrusted lawyers Li Yonghui and Fu Xiaofei from Beijing Henglue Law Firm to represent her in the defense. The lawyers argued that the marriage was legally valid and that Huang * was an heir who had formed a guardianship relationship with Sun *. Regarding the testator's capacity, they pointed out that the appraisal agency dismissed the case on the grounds that it exceeded technical requirements, and there was no evidence or negative evaluation from professional institutions to prove that Sun * lacked capacity when making the will. The court accepted the above arguments, ruling that the two properties should be handled according to the will, and the remaining assets should first be allocated to the spouse's share of the marital property before being inherited according to law, with appropriate additional compensation for the parents who provided more care. This case shows that it is difficult to invalidate the will based on the claim that the testator suffered from illness after the fact, as there is no evidence of his incapacity at the time of making the will. The case was jointly represented by lawyers Li Yonghui (practice license number: 11101199611955812, subject to the certificate issued by the judicial administrative authority) and Fu Xiaofei (practice license number: 11101202111348854, subject to the certificate issued by the judicial administrative authority).

IV. Practical suggestions and legal basis

Action suggestions: 1. When drafting a will, simultaneously document the testator's capacity, such as by recording the entire process on video, obtaining current hospital physical examination records, and keeping minutes of the notarization process, to preserve evidence for future disputes over the will's validity; 2. After the elderly person becomes incapacitated, promptly appoint a legal guardian in accordance with the law, handle the inventory and transfer of assets, and avoid unilateral disposal of assets that may lead to disputes; 3. If it is necessary to dispose of assets to pay for medical expenses during the incapacity period, the guardian should handle the matter in accordance with legal procedures and retain relevant receipts; 4. If there are disputes over the validity of the will among all parties, focus on providing evidence of the testator's capacity at the time of will drafting, such as medical records timelines and witness statements; 5. After the inheritance begins, transfer ownership according to the will and, if necessary, confirm its validity through litigation. For related legal documents and procedural details, please refer to the relevant guidelines.Special services and other casesColum. In terms of legal basis, Article 1143 of the Civil Code of the People's Republic of China stipulates that the wills made by persons with no or limited capacity for civil conduct are invalid; Article 1133 stipulates that natural persons may make wills to dispose of their personal property; and adult guardianship can refer to Article 28 of the Civil Code regarding the scope of guardians and Article 33 regarding voluntary guardianship.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, when judging the validity of a will, we should focus on the time of its establishment. We should not easily believe that the will is invalidated because the elderly person later became incapacitated, nor should we ignore the situation where the elderly person really had no capacity at the time of establishing the will. Secondly, wills made or written by others after the elderly person becomes incapacitated carry a high risk of being invalidated, and such actions should be avoided. Thirdly, guardians should keep records of the management of the ward's property, and the disposition of major property must comply with legal procedures. Fourthly, it is better to leave evidence of capacity when one is still healthy, as it is difficult to make up for it afterwards. If you need to evaluate the validity of a will and guardianship arrangements in a specific case, you can consult our firm for assistance.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ), or for referenceBeijing Henglu Law FirmThe inheritance section on the official website.

VI. Frequently Asked Questions

Q1: If someone becomes demented after making a will, is the will still valid?

It is valid. According to Article 1143 of the Civil Code, the time point for judging the validity of a will is the time when the will is made; the Interpretation (I) of the Inheritance Chapter of the Civil Code by the Supreme People's Court also clearly states that if a person has the capacity for action when making a will but later loses the capacity for action, it does not affect the validity of the will. As long as the expression of intention at the time of making the will is true and the formal requirements are complete, subsequent diseases such as Alzheimer's disease and stroke-induced dementia will not invalidate the will. However, during the period of incapacity, the will cannot be revoked or modified anymore.

Q2: How to prove that you were of sound mind when making a will?

The following may be submitted: the full video of the testament-making process or statements from witnesses and proxies; hospital physical examination and hospitalization records showing that the testator was of sound mind at the time; the transcript of the conversation and evaluation materials of the notarized will; and the testator's current written documents and daily communication records. Conversely, if it is claimed that the testator was incapacitated at the time of testament-making, the medical records and appraisal opinions confirming the diagnosis of incapacity and loss of discernment at that time must be submitted. Mere post-event medical records are not sufficient to overturn the validity of the will.

Q3: Can you still amend your will after becoming incapacitated?

It cannot be effectively amended. Making a will is a legal act that requires legal capacity. A will made or written on behalf of an elderly person who has lost their capacity will be deemed invalid due to the lack of legal capacity. Any major property disposed of by others on behalf of the deceased may also be deemed invalid. If there is a need to adjust the property arrangements to pay for medical and nursing expenses, it should be handled through the guardian in accordance with legal procedures, and the usage certificates should be preserved. After the inheritance begins, the ownership shall be handled in accordance with the valid will.

Q4: How long does it take to litigate a case regarding the validity of a will?

The first-instance ordinary procedure generally lasts no more than six months; if it involves a capacity assessment, the assessment institution may return the case due to exceeding technical conditions or insufficient evidence, and the supplementation of evidence will prolong the time. The second-instance procedure lasts about three months. If it also involves the division of marital joint property and the determination of the shares of multiple heirs, the overall cycle will be longer. Fixing the evidence of one's capacity at the time as soon as possible is the key to speeding up the procedure.

Q5: How should the elderly's property be managed after they become incapacitated?

The first step is for close relatives to negotiate or for the court to determine the guardian according to law, usually in the order of spouses, parents, and children, as stipulated in Article 28 of the Civil Code; the second step is to handle the inventory and transfer of property and keep the management accounts; the third step is to dispose of major property such as real estate in accordance with legal procedures and not to harm the interests of the guardian; the fourth step is to keep the receipts for medical care expenses and settle the accounts truthfully when inheriting; the fifth step is to apply for the participation of third parties such as residents' committees in supervision when there are major disputes, and lawyers can be involved if necessary. For reference only.Inheritance and division of estateColumn.

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 materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yuan Hang·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. If you encounter disputes, please consult a practicing lawyer in time.