[Direct answer]Invalid. 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; a will must express the testator's true intention, and a will made under fraud or coercion is invalid. The judgment time point is when the will is made: if the testator was mentally unclear or lost the ability to discern at the time, even if the will form is complete and it is indeed signed by the testator himself, it is still invalid, and the inheritance shall be handled in accordance with the statutory succession. However, only a record of illness after the fact is not enough to prove that the testator lacked capacity at the time of making the will; if it can be proved through contemporaneous medical records, videos, witness statements, etc. that the testator was conscious at the time, the will will still be valid. Such disputes involve a large amount of evidence, so it is recommended to consult as soon as possibleInheritance and division of estateColumn evaluation.

I. Problem background and typical scenarios

Such disputes often arise in several situations: First, elderly people who make wills shortly before their deaths, and their children question the validity of the will on the grounds that the elderly were "not in their right mind" at the time of making the will; Second, elderly people who make wills hastily while hospitalized due to illness, and the other party holds the medical records from the same period to argue that the will is invalid; Third, in remarriages or reconstituted families, one party makes a will leaving property to the spouse of the subsequent marriage or stepchildren, and the biological children raise questions about the testator's capacity for action; Fourth, the dispositions in the will contradict the oral arrangements made during the testator's lifetime, and the family members attribute the differences to the testator's mental incapacity; Fifth, the process of making the will lacks witnesses or video recording, and each party gives different accounts afterwards. The handling of related family disputes can be referred to for reference.Marriage and family matters, and divorce litigationThe column. The review of such cases by the Beijing district court usually focuses on the evidence of the parties' capacity to enter into contracts at the time of contract signing.

II. Key points of contention

First, the determination of the time of legal capacity. The core issue is whether the testator had the corresponding ability to recognize and express his/her will at the time of making the will. Second, the allocation of the burden of proof. The party claiming the will is invalid should provide evidence to prove that the testator lacked the necessary capacity at the time of making the will. Claims based on medical records from different years or those with weak relevance to the time of making the will are difficult to be accepted. Third, the authentication of the authenticity of the signature. If there are doubts about whether the testator wrote the will himself/herself, a handwriting authentication can be applied for. Fourth, the dual review of formal requirements and legal capacity. The lack of either of them will affect the validity of the will. Fifth, the defense against the witnesses' interest conflicts. For wills written by others, printed, or recorded on video or audio, more than two witnesses are required. Heirs and relevant interested parties are not allowed to act as witnesses, but there is no requirement for self-written wills to have witnesses. Sixth, the review of fraud and coercion and the true intention of the testator. Seventh, the handling after the will is declared invalid. The inheritance shall be handled in accordance with the statutory provisions, and the heirs who have fulfilled more support obligations shall be given additional shares as appropriate. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For matters involving property shares, reference can be made to relevant provisions.Real estate transactions and construction projectsColumn.

III. Professional analysis by Henglue Law Firm

A case of will inheritance dispute handled by our firm can be resolved by solid evidence chains. On April 19, 2016, the decedent, Dong Lifeng, and his remarried wife, Liu Shufen, jointly made a will, bequeathing a house in Xiangshan, Haidian District, purchased during their marriage to their stepson, Su Zhiyong, for his personal ownership. After Dong Lifeng's death in January 2024, his biological daughter, Dong Fei, questioned the validity of the will, claiming that the will form was flawed, the witnesses had a conflict of interest, and Dong Lifeng lacked capacity to make a will at the time of execution. She also submitted multiple hospitalization records from 2009 to 2020. Su Zhiyong entrusted lawyers Xue Shuhua and Zhang Jun from Beijing Henglu Law Firm to sue. The lawyers pursued a two-pronged approach: First, they cited Article 1134 of the Civil Code to argue that the will, written by Liu Shufen and signed by Dong Lifeng with a date, met the formal requirements of a self-written will, and that a witness's conflict of interest did not affect the validity of the will. Second, they applied for handwriting identification, and the identification report confirmed that the signature was indeed written by Dong Lifeng himself. Third, they obtained the medical certificate dated May 9, 2016, which recorded that Dong Lifeng's condition was stable and his consciousness was normal, contradicting the claims in the hospitalization records, thus disproving the challenge to Dong Lifeng's capacity to make a will. The court confirmed the validity of the will and ruled that 50% of the house would be inherited by Su Zhiyong, while Liu Shufen would retain 50%. The remaining deposits, funeral expenses, and pensions would be handled in accordance with statutory inheritance laws. This case was handled by Beijing Henglu Law Firm. 以本所承办的一起遗嘱继承纠纷为例，行为能力质疑可以被扎实的证据链化解。被继承人董利峰与再婚妻子刘淑芬2016年4月19日共同立下遗嘱，将婚内购买的海淀区香山一处房屋赠予继子苏志勇个人所有。董利峰2024年1月去世后，亲生女儿董菲质疑遗嘱效力，主张遗嘱形式有瑕疵、见证人有利害关系、立遗嘱时无行为能力，并提交2009年至2020年多份住院病历。苏志勇委托北京恒略律师事务所薛素华律师、张素质律师起诉。律师双轨推进：一是紧扣民法典第一千一百三十四条，说明遗嘱由刘淑芬书写、董利峰亲笔签名并注明日期，符合自书遗嘱形式要件，自书遗嘱并非必须见证人，见证人是否利害关系不影响效力；二是申请笔迹鉴定，鉴定意见确认签名确为董利峰本人书写；三是调取2016年5月9日的疾病证明，记载病情稳定、意识正常，与病历主张形成反差，瓦解行为能力质疑。法院确认遗嘱合法有效，判决房屋50%份额由苏志勇继承、刘淑芬享有50%，其余存款、丧葬费抚恤金按法定继承处理。本案由北京恒略律师事务所Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, when making a will, simultaneously fix the evidence of capacity, such as full-process video recording, current physical examination or medical records showing clear consciousness, and the evaluation transcript of the notarized will; Second, organize the documents signed by the testator during his lifetime as handwriting comparison samples for appraisal; Third, the party challenging the will should focus on the testator's capacity at the time of making the will, and avoid making general claims based on medical records across different years; Fourth, the party claiming the validity of the will should pay attention to self-inspection of formal requirements. There are statutory requirements for self-written, proxy-written, printed, audio-visual, and notarized wills; Fifth, if the dispute persists, promptly file a lawsuit to resolve it once and for all through appraisal and cross-examination in court. For related documents and procedural points, please refer to the reference materials.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 wills made by persons with no or limited capacity for civil conduct, and wills made under fraud or coercion, are invalid; Article 1134 stipulates the formal requirements for a handwritten will; Articles 1135 to 1139 stipulate the forms of wills written by others, printed, recorded by audio or video, oral, and notarized wills, and the requirements for witnesses.

5. Henglu Law Firm's Advice

Risk warning: Firstly, mental incapacity cannot be established solely on the basis of verbal claims, and challenges to the lack of evidence of incapacity at the time of making the will are unlikely to gain support; Secondly, it is advisable to make a will when one is healthy and clear-headed and leave a record, as it is risky to make a will hastily; Thirdly, having a person with an interest in the estate act as a witness may pose potential risks to the effectiveness of the will, and witnesses should be selected to avoid heirs and related interested parties; Fourthly, do not hinder the review by delaying or hiding the will, and those who commit serious violations may lose their right of inheritance. It is recommended to seek advice as soon as possibleBeijing Henglu Law FirmThe professional lawyers of the official website's inheritance column will systematically evaluate the validity of the will and prepare the necessary evidence.

VI. Frequently Asked Questions

Q1: Is a will made when a person is mentally unclear necessarily invalid?

According to Article 1143 of the Civil Code, if a person lacks capacity for civil conduct or has limited capacity for civil conduct when making a will, the will is invalid. However, "mental incapacity" must be supported by evidence, such as medical records confirming the loss of judgment at the time the will was made, or appraisal opinions. If there are only post-illness medical records or statements from interested parties, the court generally will not accept them as evidence. If physical examinations, videos, or witness statements show that the person was mentally competent at the time the will was made, the will remains valid.

Q2: What evidence is needed to challenge the validity of a will?

The evidence should be collected based on the state of affairs at the time of the signing: a clear medical record of the time of diagnosis and the progression of the disease, proving that the testator had lost the ability to recognize things at the time of signing; audio and video recordings of the process of making the will or statements from witnesses and proxies; handwriting identification opinions, used to exclude forgery and signature by others; and the testator's pre-death property arrangements and communication records, used to explain abnormal content. The evidence must correspond to the time of signing. Materials that span multiple years or have weak relevance are of limited persuasive force.

Q3: How much does it cost to litigate the validity of a will?

The fees include attorney fees, litigation fees, and possible appraisal fees. Attorney fees are determined based on the complexity of the case and the value of the property involved; litigation fees are charged in stages according to the amount of property involved, and partial victories are shared proportionally. Applying for handwriting appraisal incurs additional appraisal fees, typically amounting to thousands of yuan, which are usually prepaid by the applicant and borne by the losing party. The specific fees should be evaluated based on the focus of the dispute and the evidence situation. It is recommended to consult a lawyer first before making a budget.

Q4: How long does it take to litigate a case involving an invalid will?

The first-instance ordinary procedure generally lasts no more than six months. For cases involving handwriting or capacity appraisals, the appraisal period is not included in the trial time limit and usually takes an additional one to three months; the second-instance procedure lasts about three months. If there are multiple heirs, multiple sets of real estate, or the division of marital joint property involved, the processing period will be extended accordingly. Submitting a complete medical history timeline and appraisal materials as early as possible can effectively shorten the trial period.

Q5: What should I do when making a will if I'm worried about future disputes?

Firstly, it should be made when the testator is in good health and of sound mind to avoid delay. Secondly, it is preferable to use a notarized will or a self-written will with full video recording, and at the same time, keep the current physical examination records. Thirdly, the self-written will should be written and signed by the testator himself, with the date and month noted. For a will written by a proxy or a printed will, a compliant witness should be present in accordance with Articles 1135 and 1136 of the Civil Code. Fourthly, all heirs should be informed of the existence of the will and its storage location to reduce the risk of a surprise attack after the testator's death. Fifthly, for those with complex property structures, a lawyer can design a combination of wills and agreements, which can be used as a reference.Inheritance and division of estateColumn.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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, to avoid missing the statutory time limit.Legal services for inheritance·Attorney Xue Suhua·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.