[Direct answer]In the Beijing area, testators can legally revoke the wills they have made, and there are clear procedures for doing so. According to Article 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021), testators may revoke or modify the wills they have made; if they perform civil legal acts contrary to the content of the will after making the will, it shall be deemed as a revocation of the relevant content of the will; if they make several wills with conflicting contents, the latest will shall prevail. Common procedures include: making a new will with complete form and stating that the original will is invalid, obtaining a new notarized will, or revoking the will through actual disposition acts such as donation or sale. Revocation must be based on the testator having full capacity for civil conduct and making a true expression of intent. It is recommended to simultaneously make a new will to avoid a legal void. Relevant rules can be referred to for reference.Inheritance and division of estateColumn.

I. Problem Background and Typical Scenarios

It's very common in life to want to revoke a will: First, the property situation has changed. The real estate disposed of in the original will has been sold, and the equity has been transferred. It's meaningless to continue to execute the original will; Second, family relationships have changed. One child has fulfilled the main duty of supporting the elderly, or conflicts have arisen among children, and the elderly hope to adjust the share; Third, the original will terms were not well considered, such as not reserving a necessary share for heirs who lack working ability and have no source of livelihood; Fourth, when remarrying and reorganizing the family, they hope to rearrange the inheritance order between spouses and their respective children; Fifth, they originally had a notarized will, but now they want to change to a simpler form such as a self-written or proxy-written will. When handling similar matters in Beijing, notary offices and lawyers usually first review the testator's capacity for action and the form of the original will, then determine the revocation and re-establishment plan. For matters involving marital property and family arrangements, they can also refer to relevant laws and regulations.Marriage and family matters, and divorce litigationColumn.

II. Key points of contention

Focus I: Whether the revocation of the intention to revoke is clear. An oral revocation generally does not take effect. If the original handwritten will is destroyed, it needs to be determined comprehensively based on evidence such as handwriting, witness statements, and declarations. Focus II: Which will takes precedence among several wills? According to Article 1142 of the Civil Code, if the content of the wills contradicts each other, the latest will shall prevail; the non-contradictory parts shall remain valid. Focus III: The testator's capacity for action and authenticity. If the testator revokes the will during old age or illness, their capacity for action may be questioned, and this needs to be supported by medical and witness materials. Focus IV: The revocation procedure for notarized wills. After the implementation of the Civil Code, notarized wills no longer have priority effect. However, it is still recommended to revoke notarized wills through notarization procedures and retain the relevant proof. Focus V: Handling the situation where no new will is established after revocation. The revoked parts shall be handled in accordance with statutory inheritance, which may not conform to the testator's original intention. Focus VI: Determining the revocation when the actual disposition of property contradicts the will. Specifically, refer to the currently effective laws and regulations and judicial rulings. For property disposition, reference can be made to the relevant provisions.Real estate transactions and construction projectsColumn.

III. Professional analysis by Henglue Law Firm

Taking the inheritance dispute case handled by our firm as an example, we can observe the application of the principle of "the later will takes precedence and the earlier disposition is revoked" in litigation. Zhang Shufen and Wang Hongtu were a married couple and had two children, Wang Wei and Wang Yuhong, who all passed away in succession. Wang Yuhong claimed that the house No. 601 in their family was purchased with her father's name as the beneficiary of the unit's welfare housing, 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 and had been disposed of by a self-written will on May 6, 2023, and entrusted our firm's lawyer to defend the case. After reviewing the evidence, the lawyer pointed out that Wang Yuhong failed to prove the written or oral agreement of purchasing the house under someone else's name, that the purchase contract was not signed by her, that the house was lived in and decorated by the two elderly people, and that she had explicitly waived her inheritance rights at the notary office. Although Zhang Shufen had signed a gift contract to transfer part of the property shares to Wang Yuhong before her death, the self-written will she subsequently made clearly stipulated that the property would be inherited by Wang Yuhong and her granddaughter Wang Sisi in a 50/50 split. On June 19, 2024, the court ruled that the self-written will was valid, the previous gift was deemed revoked, and the house No. 601 was identified as Zhang Shufen's inheritance, to be inherited by Wang Sisi and Wang Yuhong in a 50/50 split. This case demonstrates that the last valid disposition made by the testator takes precedence, and previous gifts or wills that conflict with it are deemed revoked. This is the adjudicative logic of the revocation system. The case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the form, content, and storage location of the original will to avoid missing multiple coexisting wills; Second, draft a new will with complete formalities and clearly state in the text that "the original will is withdrawn and revoked". A self-written will should be written in full by the testator, signed and dated with the year, month, and day; Third, if it was originally a notarized will, go to the notary office to handle the relevant withdrawal or re-notarization procedures and obtain a certificate; Fourth, complete the withdrawal and re-establishment simultaneously to prevent a legal void period during which the inheritance is handled according to the statutory provisions; Fifth, for major assets such as real estate and equity, update the ownership and family arrangements simultaneously. For reference, please refer to the following document:Property transactions and construction projectsColumn. In terms of legal basis, Article 1142 of the Civil Code of the People's Republic of China stipulates the rules for revoking and amending wills and the principle of "the last will takes precedence"; Article 1134 stipulates that a handwritten will shall be written, signed, and dated by the testator in person; Article 1135 stipulates that a will written by a proxy shall be witnessed by two or more witnesses; and Article 1139 stipulates that a notarized will shall be handled by the testator through a notary office.

5. Henglue Law Firm's Reminder

Risk warning: Firstly, verbally declaring that "the will is revoked" has no legal effect and the intention must be expressed again in a legally prescribed form; Secondly, revocation without sufficient evidence to support it, such as destroying the original will, is likely to be denied by other heirs in the future; Thirdly, the existence of multiple wills without clear revocation arrangements may easily lead to litigation over the validity of the will, causing trouble for all heirs; Fourthly, if the inheritance event occurs before a new will is drawn up after revocation, the inheritance will be handled in accordance with the statutory provisions, which may be far from the testator's original intention; Fifthly, elderly people who revoke and re-establish their wills should prepare evidence of their legal capacity and witnesses at the same time. It is recommended to complete the revocation and re-establishment in a standardized form as soon as possible and seek professional advice when necessary.Beijing Henglu Law FirmOn the official website, similar columns are reviewed by professional lawyers.

VI. Frequently Asked Questions

Q1: What are the different ways to revoke a will?

There are mainly three methods: First, explicit revocation, which involves making a new will and explicitly stating in it that the original will is being revoked; Second, implied revocation, where the content of the later will contradicts the original will, which is considered a revocation, or the implementation of dispositive acts contrary to the content of the will is considered a revocation of the relevant content, all in accordance with Article 1142 of the Civil Code; Third, revocation through notarization. Although handwritten and proxy wills can be revoked by destroying the original, it is difficult to prove this, so it is recommended to prioritize the use of explicit written methods.

Q2: After making a new will, is the old one still valid?

It is necessary to distinguish whether there is any conflict. According to Article 1142 of the Civil Code, if there are several wills with conflicting contents, the latest will shall prevail; for the parts not covered by the new will, the corresponding contents of the original will shall still be valid. Therefore, when making a new will, one should try to cover all the property as comprehensively as possible, and clearly state that the original will is invalid, so as to avoid disputes over interpretation caused by the coexistence of the new and old wills.

Q3: How to withdraw a notarized will? What procedures are required for this?

After the implementation of the Civil Code, notarized wills will no longer have priority effect. To revoke a notarized will, one can either draft a new will or apply to a notary office to revoke or re-notarize it. Generally, the formalities require the testator to be present in person, submit identity and property materials, and accept the notary's review and confirmation of the authenticity of the expressed intention. The specific process and materials shall be subject to the requirements of the notary office. It is recommended to keep the revocation certificate and store it together with the new and old wills.

Q4: Approximately how much does it cost and how long does it take to revoke a will?

A self-written will costs very little, but a written will involves witnesses. The notarization of a will charges a notarization fee per item, with standards varying across different regions. It usually takes several working days to several weeks to issue the certificate. If a lawyer is hired to draft or witness the will, the fee will be negotiated based on the scale of the estate and the complexity of the provisions. If a lawsuit arises over the validity of multiple wills in the future, the litigation fees will be charged in stages based on the value of the estate, with the duration often measured in months. It is far more economical to standardize procedures in advance than to litigate afterwards.

Q5: What should I do if I haven't had time to make a new will after revoking the old one?

The content of the revoked will loses its validity upon revocation, and the corresponding property reverts to statutory inheritance handling, which is distributed by the first-order heirs such as spouses, children, and parents in accordance with the law. This may not be in line with the testator's original intention. Therefore, the revocation and re-establishment of the will must be carried out simultaneously; if there is a gap, the heirs can negotiate and handle it in accordance with Article 1132 of the Civil Code. If no agreement can be reached, they should seek professional legal help in time. For reference, please refer to the Civil Code of the People's Republic of China.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 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. →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.