[Direct answer]The key point is whether the order of establishment can be determined. According to Article 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021), a testator may revoke or modify the will he or she has made; where there are several wills with conflicting contents, the latest will shall prevail. If none of the wills specify the date and there is no other evidence to determine the order of establishment, it will be difficult to determine which is the latest will, and the conflicting parts may not be executed according to the will, but will be handled in accordance with statutory inheritance. At the same time, according to Article 1134 of the Civil Code, a handwritten will shall be written, signed and dated by the testator in person. The lack of a date constitutes a defect in the formal requirements, which may affect the determination of the validity of a single will, but can be judged comprehensively based on the content of the will, the carrier, the witnessing situation, etc. It is recommended to sort out the formation background of the various wills as soon as possible and refer to it when necessary.Inheritance and division of estateColumn.

1. Problem background and typical scenarios

These types of issues often arise in several scenarios: First, the elderly person drafts multiple wills, but forgets to write the date each time. After their death, the children each hold a copy and claim to handle the inheritance according to their own version; Second, the self-written will only lists the year or month but not the date, and the parties argue over whether the formal requirements are met; Third, the date is altered or the handwriting is questionable, making it impossible to determine the writing time; Fourth, the will conflicts with the content of the pre-death gift and family division documents, and it is necessary to determine which one comes later; Fifth, when a notarized will and a self-written will coexist, the parties have different understandings of the order of effectiveness. When the Beijing area courts hear such cases, they usually first review the formal requirements, then use other evidence to determine the chronological order, and cases involving real estate disposal can refer to this for reference.Real estate transactions and construction projectsColumn.

II. Key points of contention

Focus One: The impact of the lack of a date on the validity of a will. The date is a statutory formal requirement for handwritten and other types of wills. If the date is missing, the will is not necessarily invalidated. The court may determine its validity based on the content, paper quality, and witness statements, but there is a risk of it being deemed invalid. Focus Two: Proving the order of multiple wills can be determined through indirect evidence such as the writing medium, paper versions, content evolution, and witness statements. Focus Three: The application of the rule that the last will prevails. Only the conflicting content of the later will takes precedence, while the non-conflicting parts of all wills remain valid concurrently. Focus Four: The effectiveness of the withdrawal statement. If the testator explicitly states that they are withdrawing the previous will, it shall be treated as a withdrawal. Focus Five: The notarized will is no longer automatically prioritized. After the implementation of the Civil Code, all types of wills are equally valid, and their effectiveness is determined in chronological order. Focus Six: The consequences of failing to provide evidence. If the order of the wills cannot be determined and their content conflicts, the corresponding parts shall be subject to statutory inheritance. Specifically, the valid laws and regulations and judicial rulings currently in effect shall prevail. For family-related consultations, relevant provisions can be referred to.Marriage and family matters, and divorce litigationColumn.

III. Professional analysis by Henglue Lawyers

Take the inheritance dispute case handled by our firm as an example. The role of a dated valid will in resolving conflicts is clear at a glance. Zhang Shufen and Wang Hongtu were a married couple. Their husband and son died successively between 2018 and 2023. Their daughter-in-law, Wang Yuhong, claimed that the house No. 601 was purchased as a welfare housing unit under her father Wang Hongtu's name, and sued her aunt Wang Sisi to assist in the transfer of ownership. However, Wang Sisi argued that the house was Zhang Shufen's inheritance, which had been disposed of by her own handwritten will dated May 6, 2023. The lawyer reviewed the evidence and pointed out that Wang Yuhong failed to prove the existence of a borrowed name agreement, and that the house had always been inhabited and renovated by the two elderly people. Moreover, Wang Yuhong had explicitly waived her inheritance rights at the notary office. Zhang Shufen's will was dated and the disposition content was clear. The effective judgment confirmed the validity of the will, deemed it as a withdrawal of Zhang Shufen's previous gift, and identified the house No. 601 as Zhang Shufen's inheritance, ordering Wang Sisi and Wang Yuhong to each inherit 50%. This case highlights that a dated and clearly-worded will can stabilize the ownership of assets. Conversely, when multiple undated wills conflict with each other, it becomes difficult to determine the priority, and the risks increase significantly.

IV. Practical suggestions and legal basis

Action suggestions: 1. Collect all wills and drafts, as well as letters, and compare their content evolution and carrier characteristics to attempt to reconstruct the timeline of their creation. 2. Search for corroborating evidence related to time, such as contemporaneous photos, diaries, medical records, and statements from witnesses and executors. 3. For parts that do not conflict with each other, confirm their validity and implement them first. Only negotiate or litigate over conflicting parts. 4. If the heirs reach a consensus, they can jointly sign a property distribution agreement and proceed with the transfer according to the agreement. 5. When drafting a will in the future, it is necessary to specify the complete year and month, and when multiple wills coexist, it should be declared that the previous one is invalid. Relevant document guidelines can be referred to for reference.Special services and other casesThe column. In terms of legal basis, Article 1134 of the Civil Code of the People's Republic of China stipulates that a handwritten will shall indicate the year, month, and date; Article 1142 stipulates that the revocation or modification of a will and the conflict between several wills shall be subject to the latest one; Article 1123 stipulates the order of handling the inheritance.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, the absence of a date does not necessarily invalidate the will, but there are indeed examples of wills being declared invalid. Don't take any chances. Secondly, when multiple wills coexist, only the later-made will shall prevail. It's usually difficult to gain support when claiming rights based on an earlier will. Thirdly, the burden of proof for determining the priority of the wills lies with the claimant. It's advisable to keep the drafts of the wills and relevant corroborating evidence on hand at all times. Fourthly, notarized wills no longer enjoy priority status. Don't mistakenly believe that a newly notarized will will automatically override other subsequent wills. If you need to assess the validity and priority of multiple wills, please consult our firm for advice.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: Is the will still valid if it doesn't have a date on it?

It's not necessarily invalid. The date is a statutory formality for a handwritten will. According to Article 1134 of the Civil Code, a handwritten will shall indicate the year, month, and day. If the date is missing, there is a risk of it being deemed invalid, but the court can also make a comprehensive judgment based on the content of the will, the handwriting on the paper, and the witness's statements. It's safer to make a new will that specifies the exact date and declares the previous will invalid, so as to eliminate potential risks.

Q2: If the contents of multiple wills conflict with each other, which one should prevail?

The last will shall prevail. According to Article 1142 of the Civil Code, if there are several wills with conflicting contents, the last will shall prevail; the parts expressly revoked shall be dealt with according to the revocation. If none of the wills specify the date and it is impossible to determine the priority, the conflicting parts may be dealt with according to the statutory inheritance. After the implementation of the Civil Code, notarized wills are no longer given priority, and all types of wills shall be determined according to the chronological order of their effectiveness.

Q3: How can we prove which will was written first?

We can start with indirect evidence: paper versions, the source of the letterhead, and writing tools; the logic of content evolution, such as if the property was later sold, the will disposing of that property would usually come first; changes in the testator's writing habits; statements about time from witnesses and scribes; contemporaneous diaries, photos, and medical records. Multiple pieces of evidence form a timeline, which allows the court to determine the chronological order. It's difficult to believe in the credibility of individual statements alone.

Q4: How much does it cost to litigate a succession dispute?

The fees include attorney fees and litigation fees. The attorney fees are negotiated based on the scale of the disputed property, the number of heirs, and the difficulty of evidence collection; the litigation fees are charged in stages according to the amount of property involved in the litigation request, and the successful party shares the fees proportionally; additional fees are charged for applying for handwriting authentication or document authentication. Cases involving only the confirmation of the validity of the will have relatively controllable costs, but those involving the evaluation of multiple sets of real estate will significantly increase the costs. It is recommended to sort out the property list first and then consult about the budget.

Q5: What should I do if I find multiple undated wills?

The first step is to collect all the original wills, drafts and related letters to avoid one party monopolizing the evidence. The second step is to sort out the similarities and differences in the content of the various wills and their formation backgrounds, and to find corroborating evidence from the time period. The third step is for all the heirs to negotiate and, if they can confirm ownership, to sign a distribution agreement and handle the transfer of ownership. The fourth step is to sue in a timely manner if no agreement can be reached, apply for appraisal, and request the court to determine the order of priority. The fifth step is to prevent future disputes by having the surviving elderly person draw up a new will with a clear date, assisted by a lawyer.

The above content is based on the judicial practice 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 situations.

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 Yuan Hang·Beijing Henglue 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.