[Direct answer]In the Beijing area, a written will requires the presence of two or more witnesses, but the legislation does not strictly require the witnesses to stay with the testator at all times. The key point is whether the core procedures such as the testator's expression, the scribe's recording, and the signature confirmation are always witnessed by qualified witnesses. According to Article 1135 of the Civil Code of the People's Republic of China, a written will shall be witnessed by two or more witnesses, one of whom shall act as the scribe, and the testator, the scribe, and other witnesses shall sign it and indicate the year, month, and day. If the witnesses only leave briefly in the middle and are present for all the core procedures, the will can usually be deemed valid; if they leave precisely during the will-making or signature procedures, resulting in no witnesses for the key procedures, it may be deemed invalid due to formal defects. It is recommended to keep the witnesses' testimonies and synchronized videos, and if necessary, consult a professional lawyer to evaluate the effectiveness of the will.

I. Problem background and typical scenarios

A holographic will is one of the most common forms of wills in practice, especially suitable for situations where the testator is unable to write a will themselves due to illness, old age, or limited cultural literacy. Typical scenarios include: an elderly person making a holographic will in a hospital; a witness temporarily leaving the scene to retrieve items or answer the phone; a witness who is present but only participates in the signing process, not the entire will-making process; and multiple witnesses arriving at different times and causing disputes over the validity of the will. Many families later face lawsuits because some witnesses were "absent during the process" and other heirs questioned the validity of the will. To determine the validity of the will, it is not just about whether the witness was present at the moment, but also whether there was a qualified witness present throughout the core process of forming the will. Relevant disputes over the validity of the will can be resolved by considering the following factors:Legal services for inheritance and family property divisionLearn more about it.

II. Key points of dispute

The focus of the controversy lies in three aspects. Firstly, the "full-process" standard of witnessing: the law requires that more than two witnesses be present to witness the process, but it does not strictly require that the witnesses cannot leave for a moment. The key is whether the substantive steps such as the testator's oral statement, the scribe's recording, and the testator's confirmation and signature are under the witnessing process. Secondly, the qualification of witnesses: heirs, legatees, and people with interests in the estate cannot act as witnesses. Qualification defects are more damaging than leaving in the middle of the process. Thirdly, the burden of proof: the party claiming the validity of the will usually needs to prove that the witnessing process is compliant. Witness testimonies, synchronized audio and video recordings, and transcripts are important evidence. For cases involving the division of property shares, reference can be made to the relevant provisions of the Inheritance Law of the People's Republic of China.Real estate sales and construction engineering servicesClarify the ownership rights.

III. Professional analysis by Hengluo Lawyers

Based on the practical observations of handling inheritance cases, the formality of a written will is the core of determining its validity. Taking a housing reform inheritance dispute handled by our firm as an example: The decedent, Zhang Quan, and his spouse jointly owned a house at No. 301 in Haidian District, Beijing, which they purchased through the unit's housing reform program in 1995. In February 2021, Zhang Quan, under the on-site witnessing of two disinterested witnesses, orally stated and had one of them draft a written will, bequeathing his 50% share to his daughter, Zhang Ya, upon his death in 2022. His son claimed that the estate should be partitioned first before inheritance could proceed, on the grounds that he had contributed 9,000 yuan to the purchase of the house. Zhang Ya entrusted Beijing Henglu Law Firm to handle the case.Yu DayiThe attorney (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acted as the representative. The attorney pointed out that the will was orally dictated by Zhang Quan, witnessed by two witnesses on the spot, and recorded and signed by the proctor throughout the process, which met the formal requirements of the testamentary will in the Civil Code. The court adopted this opinion and ruled that 50% of the shares under Zhang Quan's name would be inherited by Zhang Ya, and the house would be owned by Zhang Ya and Liu Cui Fen in equal shares. All the other litigation requests were rejected. This case shows that the core elements include qualified witnesses' witnessing and formal testamentary wills, which should be respected. Conversely, if key elements are missing, the effectiveness of the will may be questionable.

IV. Practical suggestions and legal basis

The legal basis is Article 1135 of the Civil Code of the People's Republic of China (effective January 1, 2021) (formal requirements for a written will), Article 1123 (priority of testamentary succession over statutory succession), and Article 1133 (disposition of personal property by will). Practical advice: When making a written will, arrange for more than two witnesses with no vested interests to participate in the core procedures and sign and date the document; if possible, record the process with audio and video; ensure that witnesses remain present throughout the key procedures to avoid omissions; and retain the contact information of witnesses and the testator for future testimony. If there are doubts about the validity of an existing will, consult a lawyer as soon as possible and supplement the evidence with witness testimonies and video recordings during litigation. For defining the scope of the estate, relevant information can be combined with other evidence to clarify the scope of the estate.Special services and other case servicesCoordinate and handle it comprehensively.

5. Henglu Law Firm's Reminder

The "witness leaving midway" of a written will does not necessarily lead to its invalidation. The key lies in whether the departure occurred during the core procedures such as the testator's statement, the scribe's recording, and the signature confirmation. It is recommended to have the witnesses present throughout the process of making the will, sign it on the spot, and keep the video record. Avoid letting the heirs or their close relatives serve as witnesses. If the will has already been made and the witnesses have briefly left, there's no need to panic too much. It can be proved to be compliant through witness testimonies and process records. In the event of inheritance disputes, you can seek help from relevant institutions or professionals.Beijing Henglu Law FirmProfessional evaluation to avoid the distribution of inheritance being affected by formal defects.

VI. Frequently Asked Questions

Q1: If the witness of the written will leaves in the middle of the process, can the will still be deemed valid?

It cannot be simply determined as invalid just because the testator left the scene midway. According to Article 1135 of the Civil Code, a written will requires the presence of two or more witnesses. However, the legislative focus is on whether the key disposal procedures such as the testator's oral statement, the scribe's recording, and the testator's and witnesses' signature confirmation are always under witness supervision, rather than requiring the witnesses to be present at all times. If the witnesses only briefly left the scene during non-critical procedures and were present throughout the substantive disposal process, and there are video recordings or witness statements to support this, the will is usually still valid. However, if the witnesses left during the testament-making or signature procedures, resulting in no witnesses present for critical procedures, it may be deemed invalid due to formal defects. It is recommended to obtain fixed witness statements and synchronized video recordings, and for lawyers to evaluate the entire process. Do not simply assume that the will is invalid or automatically valid just because the witnesses once left the scene.

Q2: To argue that the holographic will is valid, what evidence do I need to prepare?

The core evidence includes: the original handwritten will (containing the signatures and dates of the testator, the attesting person, and the witnesses); the written testimonies of the witnesses or their applications to appear in court (describing their presence and the witnessing process); simultaneous audio and video recordings of the testator making the will (to document the oral statement and signing process); proof of the testator's capacity to express their intention (such as medical records and certificates from the neighborhood committee); and materials proving the heirs' identities and kinship relationships. The evidence should be organized around three key points: "two qualified witnesses - all parties present during the core procedures - the testator's true intention". The qualifications of the witnesses are also crucial. Those who have an interest in the inheritance cannot serve as witnesses, and the relevant materials should be prepared in advance. If any materials are missing, the court may request the witnesses to appear in court for verification.

Q3: Regarding the dispute over the legal effect of a written will, approximately how much would it cost to hire a lawyer and litigate the case?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" (promulgated on December 19, 2006 and implemented on April 1, 2007) based on the amount of the litigation request (usually the value of the disputed property or shares), and shall be borne by the losing party. In inheritance cases involving property values, the fees shall be paid in accordance with the standards for property cases. Lawyer's fees are generally related to the complexity of the case, the amount of the subject matter, and the lawyer's qualifications. They are usually charged on a per-case basis or according to a percentage of the subject matter value, with the specific fees subject to the terms of the agency contract and without a unified government pricing. Risk-based fees are strictly limited in marriage and inheritance cases. It is recommended to clarify the charging methods and scope before entrusting the case, and to start the case after weighing the value of the disputed shares and the cost of protecting rights.

Q4: How long does it usually take to resolve a dispute over the legal validity of a holographic will?

The first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months; the summary procedure is usually applied to cases with clear facts and little disputes. For those who appeal against the judgment, the second-instance procedure generally takes three months. After the judgment takes effect, if the transfer of ownership is involved, it is necessary to handle the change of ownership or apply for enforcement. Overall, simple disputes often take several months from litigation to confirmation of ownership, and those involving multiple heirs, multiple sets of real estate, or the possibility of appraisal may take more than a year. It is recommended to apply for property preservation simultaneously during the litigation to prevent the transfer or disposal of the inheritance and shorten the actual period of realizing the rights and interests.

Q5: If I find that there might be formal issues with the handwritten will, what should I do first?

It is recommended to follow four steps: First, comprehensively review the original will and the information of the witnesses to confirm whether the signatures, dates, and the witnesses' qualifications are complete; Second, contact the witnesses to obtain written testimonies or videos to fix the entire process of making the will and strengthen the evidence of formal compliance; Third, if the witnesses did indeed leave the core process, evaluate whether it affects the validity of the will. If necessary, use handwriting identification and medical records to corroborate the testator's true intention; Fourth, if no agreement can be reached, file a lawsuit within the statute of limitations, and the court will review the validity of the will in accordance with Article 1135 of the Civil Code. Throughout the process, keep communication and evidence materials, and consult a professional lawyer as soon as possible to develop a plan.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Legal services for inheritance·Attorney Yu Dayi·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. In case of disputes, please consult a practicing lawyer in time.