[Direct answer]In the Beijing area, a handwritten will should, in principle, be written by the testator himself. According to Article 1134 of the Civil Code of the People's Republic of China, a handwritten will must be written, signed, and dated by the testator himself. Otherwise, its validity may be affected. If it is really necessary for others to transcribe the will due to physical reasons, it is recommended that the testator dictate it and have others transcribe it. After that, the testator should check each page, sign it personally, and indicate the date. The key content should still reflect his true intention. If necessary, video recording or witnesses can be used, and it is preferable to use a notarized will to reduce disputes. In practice, before making a will, it is advisable to consult a professional lawyer to check the formal requirements. For more details, please refer to the following link:Inheritance succession and family property division services.

I. Problem Background and Typical Scenarios

In practice, some elderly people or those who have difficulty writing may ask: Can others help them copy the will? Typical scenarios include: the testator has difficulty writing due to vision or hand diseases, and hopes that their children or others can write on their behalf; they worry that their handwriting is ugly or their expression is unclear; and they want to save time by having others write it for them and then sign it. Such needs do exist, but the core of a handwritten will is "written by oneself". Having others copy it is very likely to be questioned by the heirs about its authenticity. For cases involving property ownership, it can be combined with other evidence to prove the authenticity of the will.Real estate sales and construction project servicesEvaluate the property clues together.

II. Key points of contention

There are three main points of contention. Firstly, whether the act of having someone else copy the will violates the formal requirements of a handwritten will. According to the Civil Code, a handwritten will must be written by the testator himself. If someone else copies it, it may be deemed a proxy-written will or invalid. Secondly, the proof of the testator's true intention. Whether the testator's signature and date on the copied will can prove that the content is his true intention often becomes the focus of litigation. Thirdly, the distinction from a proxy-written will. If the will is written by someone else and there are more than two witnesses, it should follow the procedure for a proxy-written will. When handling similar cases in Beijing, the review of the formal defects of the will is relatively strict, and the emphasis is on handwritten writing. For cases involving intertwined family property, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Take a will inheritance dispute handled by our firm as an example: Aunt Li married her second husband, Mr. Zhao, in 1984. Before his death in December 2021, Mr. Zhao left a self-written will, stipulating that Aunt Li would inherit the house No. 101 in Haidian District and other assets. The five children born from Mr. Zhao's previous marriage disputed the authenticity of the will and insisted on legal inheritance. Aunt Li entrusted Beijing Henglu Law Firm to handle the case. The lawyers reviewed the formal requirements of the will and the scope of marital joint property, arguing that Aunt Li's half share should be separated out first, and the remaining assets should be inherited according to the will. The court ruled that the self-written will was legal and valid, and awarded 50% of the house No. 101 owned by Mr. Zhao to Aunt Li. Other assets such as special hardship assistance of 7,000 yuan, funeral assistance of 5,000 yuan, and pensions were also divided. The key point is that a self-written will must be written by the testator himself, signed by him, and dated with the year and month. If it is copied by others, it must ensure that the content is true and confirmed by the testator's signature. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. For cases involving the division of property in remarried families, it may be combined with other relevant circumstances to determine the appropriate division method.Inheritance succession and family property division servicesCoordination.

IV. Practical suggestions and legal basis

The core basis is Article 1134 of the Civil Code of the People's Republic of China (effective January 1, 2021), which stipulates that a handwritten will must be written by the testator himself, signed, and dated with the year, month, and day; Article 1143, which stipulates that wills made under fraud or coercion or forged wills are invalid; and Article 1123, which stipulates that testamentary succession takes precedence over statutory succession. Practical suggestions: If possible, testators should write their own wills; if it is necessary to have others copy it, the testator should dictate it and then check it personally, sign each page by hand and date it, and keep video records or witnesses of the will-making process; for major property, it is preferable to handle it with a notarized will; if children have objections to the will, the party raising the objection shall bear the burden of proof; and in cases involving disputes over the validity of the will, relevant evidence can be combined with other evidence to determine the validity of the will.Special services and other case services.

5. Hengluo Law Firm's Advice

The risk of having a will copied by others is much higher than that of a self-written or notarized will. It is recommended to take "handwritten" as the bottom line. If there are difficulties, at least ensure that the testator's signature and date are authentic, and supplement the expression of intention with video and witnesses. Never let others sign on behalf of the testator or just use fingerprints to replace signatures. If there are flaws in the form of the will, it is very likely to trigger inheritance litigation after the testator's death, which goes against the original intention of making a will. Before making a will, it is advisable to have a professional lawyer review the formal requirements first to reduce subsequent disputes.

VI. Frequently Asked Questions

Q1: If someone entrusts others to copy their handwritten will, will the court recognize its legal validity?

The key issue is whether the formal requirements of a handwritten will are met. According to Article 1134 of the Civil Code, a handwritten will must be written by the testator in their own handwriting, signed by them, and dated with the month and year; if the entire text is copied by others and only signed by the testator, it may be deemed not to meet the requirements of a handwritten will, and will instead be reviewed as a proxy will (which requires the presence of at least two witnesses). If it can be proven that the content truly reflects the testator's true intentions and that they personally signed and dated it, it may be recognized in certain circumstances, but there is a high risk of disputes. For safety's sake, it is preferable to use a handwritten or notarized will. The outcome depends on the form and evidence, and lawyers cannot guarantee that it will necessarily be effective.

Q2: For a copy-written or handwritten will, what evidence do I need to keep?

It is recommended to keep the following documents: the original will (including the handwritten signature and date); videos or photos of the will-making process, which prove that the testator personally wrote or checked the will; if there is a proxy copying, record the process of dictation and checking; the identity information of the witnesses (if the proxy-writing path is taken, more than two witnesses are required); and evidence of the testator's mental clarity (such as a medical report at the same time). The more complete the materials are, the easier it will be to refute any challenges to the authenticity of the will after the testator's death. For documents involving property certificates, you can also organize the property ownership certificates and bank information together.

Q3: How much does it usually cost to hire a lawyer to review the form of a will?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a per-case basis or as a percentage of the litigation amount. In cases involving marriage and inheritance, risk-based fees are prohibited by law. The specific fees are subject to the terms of the contract and there is no nationwide standard pricing. The fees for simple will witnessing or formal review are relatively manageable; however, if it involves large-scale property division and subsequent dispute representation, the fees will increase accordingly. It is recommended to request a detailed fee breakdown, clarify the service stages and whether third-party fees are included, reject unrealistic winning promises, and evaluate the fees based on the scale of one's own assets.

Q4: How long does it take from filing a lawsuit to obtaining a court judgment in inheritance disputes triggered by proxy drafting of wills?

The first-instance ordinary procedure for inheritance disputes shall be concluded within six months, and the simplified procedure within three months; if the parties have major disputes over the authenticity of the will and require handwriting identification or witnesses to appear in court, the time limit may be extended. If it involves property evaluation and coordination among multiple inheritors, the period will be even longer. It is recommended to standardize the form and fix the evidence at the stage of making a will to avoid litigation after the death of the testator. For those who have already entered litigation, attention should be paid to key deadlines such as the period for providing evidence and the appeal period, and it is necessary to entrust a lawyer to coordinate matters when necessary.

Q5: I want to make a will that's not easily challenged. What's the first step to do that?

Here are the four steps recommended: 1. Prioritize writing the will yourself or visiting a notary office to have it notarized. 2. For a self-written will, ensure that the entire text is written by hand, signed by you, and dated with the year, month, and day. Avoid having others copy it for you. 3. Video-record the will-making process and keep witnesses present to verify your true intentions and mental state. 4. Organize the property certificates and consult a professional lawyer to review the formal requirements and wording. By preserving all original documents and supporting evidence throughout the process, you can significantly reduce the likelihood of disputes arising after your death.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Li Yonghui·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.