[Direct answer]In the Beijing area, a notarized will can still be modified or revoked after its execution. According to Article 1142 of the Civil Code of the People's Republic of China, a testator may revoke or amend the will they have made; if there are several wills with conflicting contents, the latest will shall prevail. The Civil Code has abolished the rule in the original Inheritance Law that prioritizes the effectiveness of notarized wills. Therefore, even if a notarized will has been executed before, if another self-written or proxy-written will is made afterwards, the latter (the latest) will shall prevail. It is recommended to use a legal form to make a new will when changing one's wishes, and to keep it properly. For more details, please refer to the following link:Inheritance succession and family property division services.

1. Problem background and typical scenarios

Many people mistakenly believe that "a notarized will cannot be changed and has the highest legal effect", so they dare not update the arrangements that have long been out of date. Typical scenarios include: an elderly person notarized the property to their eldest son in their early years, but wanted to change it to their children who took care of them in their later years; changes in family relationships after notarization and the desire to redistribute assets; and multiple wills with different forms, which led to disputes among relatives over which one should be considered valid. In practice, the rules have changed after the implementation of the Civil Code, and notarized wills are no longer naturally given priority. Rules regarding conflicts between multiple wills can be combined with the provisions of the Civil Code.Inheritance succession and family property division servicesUnderstand.

II. Key points of contention

There are three main points of controversy. Firstly, the modification method: the testator can revoke or amend the previous will without having to specifically "revoke the notarized will". Secondly, the order of effectiveness: when several wills conflict with each other, the latest one shall prevail, and the notarized will will no longer have priority. Thirdly, formal compliance: the subsequent will must still comply with the corresponding statutory forms (self-written, proxy-written, etc.), otherwise it may be deemed invalid. For wills involving obligations, reference can be made to the firm's experience in reviewing the performance of obligations and the effectiveness of wills in inheritance cases, so as to avoid the new will being overturned.

III. Professional analysis by Henglue Lawyers

Based on the testamentary succession cases handled by our firm, the compliance of the testamentary form and the determination of the "last will" are the core issues. Taking Guo's self-written testamentary succession case as an example: In 2013, Guo wrote a self-written testamentary will, stipulating that his daughter, Zhao, would inherit the share of the house owned by him. However, the family later disputed the authenticity of the will and whether it had been revoked. Zhao entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer acted as an agent and argued that the self-written will was written, signed, and dated by the testator in person, and the form was complete; the "house owner's consent letter" claimed by the defendant only involved consent to residence and did not constitute a declaration of withdrawal of the will. The court confirmed the validity of the will, and Zhao ** obtained the corresponding share. This case was handled by Beijing Henglu Law FirmLi YonghuiThe lawyer (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Revocation and modification of wills and the principle of "the last will prevails"), and Articles 1134 to 1139 (formal requirements for various types of wills); and with reference to the rules on the transition between old and new laws in the "Several Provisions of the Supreme People's Court on the Application of the Time Effect of the Civil Code of the People's Republic of China". Practical advice: If you wish to modify the will, you must explicitly revoke the previous will with the new will; the new will must comply with the statutory form and specify the date; properly preserve the original and witness materials; if it involves a notarized will, the new will does not need to be notarized again to have opposable effect. For more guidance, please refer to the relevant documents.Beijing Henglu Law Firm.

5. Henglu Law Firm's Reminder

A will should be updated in a timely manner according to the changes in the family and property situation, but "amendment" does not mean random changes. The final will must be fixed in a legal form. It is recommended to specify in the new will that "the previous will shall be governed by this one" and to standardize the signature and date; avoid revoking it only by oral means or implied actions, which are likely to be deemed invalid. If there are conflicts between multiple wills or relatives question the authenticity of the will, it is advisable to seek legal assistance.Attorney Li YonghuiThe team's experience helps determine which will is ultimately validated and enforced.

VI. Frequently Asked Questions

Q1: After the notarized will has been amended, is the original one still valid, and can I win back my ex's heart?

Whether you can "get what you want" depends on whether you have made a legally valid subsequent will. A notarized will can be revoked or amended by a subsequent will, as long as the new will complies with formal requirements and reflects your true intentions. In this case, the new will will prevail, and the original notarized will will become invalid to the extent that it conflicts with the new will. However, if the new will is not legally valid or is deemed invalid, you may still be subject to the previous will. Lawyers will first assess the validity of the new will before providing a solution, rather than promising a specific outcome. It is recommended to formalize your final wishes in a compliant manner.

Q2: What materials are needed to amend a notarized will?

The key point is to present a new legal will that reflects the testator's final wishes: a self-written will must be handwritten and signed with a witness; a proxy will must be witnessed by two witnesses who have no vested interests in the inheritance. It is recommended to prepare identity certificates, copies of the original notarized will, property ownership certificates, and materials that can prove the testator's capacity for action and true intentions at the time of making the will (such as videos and witnesses). The materials should serve the three points of "the new will is legal - the testator's true intentions - the revocation of the previous will", and avoid formal defects.

Q3: How much does it cost to amend or re-establish a will?

The cost of redrafting a handwritten or a proxy will is relatively low, mainly involving lawyer consultation or proxy service fees, which are charged on a per-item or percentage basis, subject to the terms of the entrustment contract and without a unified government pricing. If you choose to have the will notarized again, the notary office will charge notarization fees according to regulations. Litigation fees are only paid according to the value of the estate when inheritance disputes arise. It is recommended to choose whether to notarize based on the scale and complexity of the property and to calculate the costs first.

Q4: If the notarized will is amended, how long will it generally take to resolve any subsequent disputes?

For an uncontested inheritance, the registration can be directly handled based on a valid will, with the processing period subject to the time limit set by the registration authority. In the event of a dispute over the validity of the will, the case will be concluded within three months under the simplified procedure and six months under the ordinary procedure. Cases involving handwriting authentication or cross-border evidence may require a longer processing period. If multiple wills conflict and require authentication, complex cases may take more than a year to resolve. It is recommended to standardize the form of the will at the time of drafting to reduce subsequent disputes and processing time from the source.

Q5: I want to amend the previous notarized will. What should I do first?

Here's the translation of the four steps suggested: 1. Retrieve the original notarized will and clarify the content to be amended. 2. Select a new will format (self-written or proxy-written), draft it in accordance with legal requirements, sign it, and indicate the date and month. Also, state the intention to revoke the previous will. 3. Preserve evidence of legal capacity and genuine intent (witnesses, video recordings). 4. Properly store the original of the new will and, if necessary, consult a lawyer to verify its legal validity. For matters involving significant assets, consider hiring a lawyer to draft and witness the new will to ensure that your final wishes are effectively implemented.

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 Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Inheritance legal services·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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.