[Direct answer]In the Beijing area, if the author of the written will omits to sign the document, the will will usually be deemed invalid or have significant defects due to incomplete formal requirements. According to Article 1135 of the Civil Code of the People's Republic of China, a written will should be signed by the testator, the author of the written will, and other witnesses, with the date of signing indicated. The author's signature is a mandatory legal requirement, and the absence of any of these elements renders the written will non-compliant with formal requirements. In practice, if the author of the written will indeed fails to sign, it is difficult for the party claiming the validity of the will to prove that the signing process was compliant, and courts often do not accept such claims. It is recommended that the author of the written will sign the document on the spot during the drafting process, and that the signing process be recorded on video simultaneously. If there are omissions in the signing process of an existing will, these should be corrected promptly or a statement issued by the witnesses. If necessary, professional lawyers should be consulted to assess the validity and remedial options.

1. Problem background and typical scenarios

The signing process of a holographic will is the most easily overlooked step. Typical scenarios include: the executor fails to sign his name on the document after completing the recording due to negligence; some of the witnesses fail to sign their names; the dates of the signatures of the testator, the executor, and the witnesses are inconsistent or missing the month and day; and it is later discovered that the executor's signature was signed by someone else. Many families place more emphasis on the content of the will than on its form when making a will, and only realize the fatal flaw of the executor's failure to sign the will when inheritance disputes break out. Once the case goes to litigation, the failure to sign the will often becomes a loophole for the other party to attack the validity of the will. Related disputes over the form of the will can be combined withLegal services for inheritance and division of family assetsUnderstand the key points.

II. Key points of contention

There are three main points of controversy. Firstly, the legal status of the signatory of the power of attorney: According to Article 1135 of the Civil Code, the signature of the power of attorney is on an equal footing with the signatures of the testator and other witnesses, and is an essential requirement. The absence of the signatory of the power of attorney means that the form is incomplete. Secondly, the possibility of rectification: If the signatory of the power of attorney is still alive and willing to sign and explain, can this be regarded as a subsequent rectification? There are disputes in practice, and it is advisable to deal with it as soon as possible. Thirdly, the burden of proof: The party claiming validity needs to prove that the power of attorney process is true and compliant. The difficulty of proving this will increase significantly in the case of a missing signature. For cases involving the division of real estate, reference can be made to the relevant provisions.Real estate sales and construction project servicesEvaluate the impact on property rights.

III. Professional analysis by Hengluo Law Firm

Based on the practical observations of handling inheritance cases, every signature on a holographic will is crucial to its validity. Take 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 housing reform program in 1995. In February 2021, Zhang Quan, witnessed by two witnesses, signed a holographic will with one of the witnesses acting as the scribe. Both the scribe and the witnesses signed the will in accordance with legal procedures and specified the date. In the will, Zhang Quan stipulated that 50% of the house's ownership would be inherited by his daughter, Zhang Ya, after his death in 2022. Zhang Ya subsequently entrusted the Beijing Henglue Law Firm to handle the inheritance case on her behalf.Yu DawaiThe lawyer (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acted on behalf of the client, and the court determined that the form of the will was legal and rejected the other party's claims. On the contrary, if the testator omitted to sign the will, according to Article 1135 of the Civil Code, the testamentary will should be signed by the testator, the testator's agent, and other witnesses. If the testator's agent fails to sign the will, the formal requirements are incomplete, and in practice, it is usually deemed invalid or seriously flawed. This comparison shows that the testator's agent's signature is a hard requirement for formal compliance and cannot be omitted.

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) (a written will must be signed by the testator, the notary, and other witnesses and dated), and Article 1133 (the testator disposes of personal property in the will). Practical advice: When making a written will, the notary must sign it in person on the spot and indicate the date, and sign it together with the testator and other witnesses; video the entire process to document the notary's signing and the signing process; immediately check the completeness of the signatures after completion. If it is found that the notary who signed the will on behalf of the testator failed to sign, the notary should be contacted as soon as possible to make up for the signature and provide a statement of the situation, or all witnesses should appear in court to testify; if it cannot be corrected, consideration should be given to making a compliant will again. For inheritance arrangements, it can be combined with other legal provisions.Special services and other case servicesDevelop a plan.

5. Hengluo Law Firm's Reminder

The signature of the procuring agent is an indispensable formal requirement for a procuring will. When making a will, it is necessary to have the procuring agent sign it on the spot and in his own handwriting, and indicate the date. Do not sign it later or omit it. If the will has been made and it is found that the procuring agent has omitted to sign it, do not alter it on your own. You should contact the procuring agent and the witnesses to make corrections and keep the explanations, or replace it with a new compliant will. In the event of inheritance disputes, you can seek help from the relevant departments or professional institutions to resolve the disputes through legal means.Beijing Henglu Law FirmEvaluate the effectiveness and room for improvement, and avoid letting the deceased's wishes go unfulfilled due to formal flaws.

VI. Frequently Asked Questions

Q1: If the person who drafts the will forget to sign it, is the will invalid?

If the executor omits to sign the will, the will will usually be deemed invalid or have significant flaws due to incomplete formal requirements. According to Article 1135 of the Civil Code, a will prepared by an executor should be signed by the testator, the executor, and other witnesses, with the date and month noted. The executor's signature is a mandatory legal requirement. If the executor indeed fails to sign the will, the party claiming its validity will have difficulty proving that the execution process was compliant, and the court will generally not accept it. However, the validity of the will is ultimately determined by the court based on the overall circumstances, and it is not absolutely invalid. It is recommended to first verify the situation of missing signatures. If it can be corrected, the executor should promptly sign and note it and obtain the witnesses' explanations. If it cannot be corrected, it should be evaluated whether there are other valid wills or whether to handle it according to statutory inheritance. If necessary, consult a professional lawyer.

Q2: If the written will lacks a signature, what evidence should I collect to remedy or defend against this situation?

If it is claimed that the will is valid, the following evidence should be collected: the original will, the written statements or court testimonies of the testamentary executor and other witnesses (explaining the reasons for the omission of signatures and the witnessing process), video recordings of the testamentary execution (showing the testamentary executor's actual participation in the recording), and evidence of the testator's true intentions (such as pre-death statements and audio recordings). If it is claimed that the will is invalid, the focus should be on the formal defect of the "testamentary executor not signing" and prepare materials on the heirs' identity and the scope of the estate. The organization of evidence should revolve around the lack of formal requirements and the testator's true intentions. If the materials are incomplete, the court may be requested to notify relevant persons to appear in court for verification to avoid relying solely on unilateral statements to affect the determination.

Q3: What is the approximate cost of litigating for a power of attorney for a will?

The litigation fees shall be calculated based on the value of the disputed property in accordance with the "Measures for the Payment of Litigation Fees" (promulgated on December 19, 2006 and implemented on April 1, 2007), and shall be borne by the losing party. In inheritance disputes involving property values, the fees shall be paid according to the standards for property cases. Lawyer's fees are generally calculated on a per-case basis or as a percentage of the litigation amount, subject to the terms of the power of attorney. There is no standard 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 compare the value of the disputed shares with the cost. If there are multiple inheritors, they can negotiate to jointly entrust the case to share the fees, and require the contract to specify the conditions for refunding fees.

Q4: How long will it take to reach a verdict in a lawsuit arising from the omission of signatures on a written will?

The first-instance ordinary procedure lasts six months, and the summary procedure lasts three months; if the facts are clear, the summary procedure can be applied, with a shorter cycle. The second-instance appeal generally lasts three months. For cases involving real estate transfer, follow-up enforcement is also required. Overall, disputes over the effectiveness of contracts often take several months to half a year from litigation to adjudication, and may take longer if complex issues or appraisals are involved. It is recommended to apply for property preservation to freeze the inheritance shares during litigation to prevent the assets from being disposed of and improve the efficiency of subsequent enforcement.

Q5: If I find that the person who drafted the will on my behalf didn't sign it, what should I do now?

Here's the translation of the Chinese sentence into English with detailed explanations: Suggested four steps: 1. Check the original will to confirm whether the notary omitted a signature or whether the overall signature is not standardized. 2. If possible, contact the notary and seek their supplementary signature and explanation, backed up by other witnesses, to rectify formal defects. 3. Assess whether there is a notarized will or other valid wills that can be prioritized for application. 4. If no agreement can be reached, file a lawsuit according to law and let the court review the validity of the will. Never alter the will on your own, and don't give up your inheritance rights easily. Keep evidence throughout the process and consult a professional lawyer as soon as possible to develop the most effective remedial or response plan.

This article is written based on the common judicial interpretation 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 relevant evidence, to avoid missing the statutory time limit.Legal services for inheritance·Attorney Yu Weidong·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. In the event of a dispute, please consult a practicing lawyer in a timely manner.