[Direct answer]In the Beijing area, if the video will does not show the date, it does not necessarily mean that the entire will is invalid, but there is a significant risk of it being deemed to have formal defects. According to Article 1137 of the Civil Code of the People's Republic of China, a will made in the form of audio or video recording shall be witnessed by two or more witnesses. The testator and the witnesses shall record their names or portraits, as well as the year, month, and day in the audio or video recording. That is to say, the date must be "recorded in the audio or video recording". Simply stating the date orally or adding it later does not meet the statutory formal requirements. If the date is not shown at all in the video and cannot be corrected, the will may be deemed invalid due to the lack of formal requirements. However, if the date can be verified through witness statements, simultaneous transcripts, or image metadata, there is still room for defense. It is recommended that when making a will, the witnesses simultaneously narrate and display the date of that day. For more details, please refer to the relevant provisions of the Civil Code of the People's Republic of China.Inheritance succession and family property division services.

1. Problem background and typical scenarios

Audio and video wills are increasingly being adopted by more and more families due to their ease of operation and the ability to preserve the process, but the formal requirements are easily overlooked. Typical scenarios include: the elderly speaking the content of the will in front of the camera, but forgetting to mention their names and dates; witnesses who are only present but not in the video, or who are not named in the video; video files that have been edited or transferred, with the original time stamps lost; and cases where people casually record videos with their phones and only add the date later. Many parties mistakenly believe that "filming it will give it legal effect", only to realize later that the name or date is missing when a dispute arises. Related disputes over the form of the will can be addressed in conjunction withReal estate sales and construction project servicesEvaluate the division of the property at the same time.

II. Key points of contention

There are three key points of contention regarding video wills. Firstly, whether the date is "recorded in the audio or video": The law requires that the testator and witnesses record the date and month in the video. If only the testator remembers it in his mind or the witnesses add it in writing, it is usually not recognized. Secondly, the presentation of names or portraits: Witnesses must appear in the video and leave their names or portraits. If the witnesses are absent, the validity of the witnessing is questionable. Thirdly, the integrity and authenticity of the video: Videos that have been edited, spliced, or lack time stamps are easily challenged in terms of authenticity. Only by clarifying these three points can we determine whether the will is valid, can be corrected, or is invalid. This also applies to family disputesDivorce litigation and family dispute resolution servicesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on schedule and within budget.

III. Professional analysis by Hengluo Lawyers

Based on the practical experience of Beijing Henglu Law Firm in handling will disputes, the form of the will and the performance of the agreement often have a domino effect. Take the inheritance case of Zhou Min represented by Attorney Yuan Hang as an example: The decedent, Wang *5, made a self-written will in July 2023, stipulating that his wife, Zhou Min, would inherit a house of more than 150 square meters in Fengtai District, but with the condition that after selling the house, Zhou Min would pay 1 million yuan to his sister and brothers. The three siblings sued for immediate auction and division, and Zhou Min entrusted Attorney Yuan Hang to defend against the lawsuit. The timeline of the case was as follows: Wang *5 died in September 2023, and the Fengtai Court issued a judgment in 2024. The focus of the dispute was the validity of the self-written will and the performance period of the "pay after selling the house" clause. Henglu Law Firm formulated a "two-step" strategy: first, providing evidence that the self-written will was complete and legally valid according to Article 1134 of the Civil Code, then submitting income and property valuation reports to strive for a reasonable grace period for performance, proposing "transfer ownership first, defer payment". The court adopted the defense opinion, determining that the will was valid, stipulating that the house would be inherited by Zhou Min and transferred ownership before January 14, 2025, and requiring Zhou Min to pay 1 million yuan before July 14, 2029. This 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. Note of this case: The completeness of the will form and the enforceability of the execution arrangements are equally important. Every formal detail in the making of the will affects whether it will be recognized in the future.

IV. Practical suggestions and legal basis

The core basis is Article 1137 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) (Audio and Video Wills: Two or more witnesses present, and the testator and witnesses record their names or portraits and the date in the audio and video), Article 1134 (Self-written Wills), and Article 1140 (Prohibited Circumstances for Witnesses); as well as the rules on rectifying defects in the form of wills and determining facts in relevant judicial interpretations. Practical suggestions: When recording a will, the testator and witnesses should appear in the same frame, clearly state their names, and show the date of the day. It is recommended to write the date card into the video at the same time; retain the original unedited files and metadata; and, if conditions permit, have a lawyer or notary office witness it. For those who have found missing dates, consult a lawyer in time to assess whether they can be rectified with witness certificates, transcripts, etc., and relevant division can be combined with it.Inheritance succession and family property division servicesHandle it.

5. Henglu Law Firm's Reminder

The most common pitfall of video wills is the misconception that "recording it is the same as making it legally binding". It is essential to ensure that: both the testator and the witnesses appear in the video and state their names and display the date; the witnesses must have no vested interests and be of full legal capacity; retain the original video and do not edit or transfer it. If the video lacks a date, do not replace it with a self-filmed one. Instead, bring the original document to consult a lawyer to assess its legal effectiveness and potential for rectification. For cases involving multiple wills or execution arrangements, legal assistance can be sought to address these issues.Special services and other case servicesCoordinate and handle it comprehensively.

VI. Frequently Asked Questions

Q1: If the video will does not show the date, can it still be deemed valid in a lawsuit?

It depends on whether the actual date and the completeness of the form can be proven. According to Article 1137 of the Civil Code, the date must be recorded in the audio and video recording. If the image is completely without a date and cannot be corrected, the court usually determines that there are formal defects and tends to invalidate it; but if the actual date of signing and the witnesses present can be confirmed through witness certificates, synchronous transcripts, image metadata, or witnesses' testimony, there is still a chance to obtain validity. The outcome does not depend on a single promise, but on the degree of evidence closure. It is recommended to let a lawyer review the original images and supporting materials as soon as possible before deciding on the claim path.

Q2: What evidence is needed to assert or challenge the validity of a video will?

The core evidence includes: the original video file of the will (unedited, with timestamps and metadata); the certificate or transcript of the recording process (verifying the date and presence of witnesses); materials verifying the identity and interests of the witnesses; proof of the decedent's death and family relationships; proof of the ownership of the inheritance; and medical or communication records that can corroborate the authenticity of the testator's intent at the time of making the will. If the challenge is unsuccessful, clues should also be collected to prove that the witnesses were not filmed, that the date was added later, or that the video was edited. The evidence should be organized around three key points: whether the date was recorded in the video, whether the witnesses were qualified, and whether the testator's intent was genuine.

Q3: If I hire a lawyer or file a lawsuit due to disputes over the validity of a video will, what are the fees involved?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" and accumulated in stages based on the value of the disputed estate. The losing party shall bear the fees or share them partially. The attorney's fees shall be determined based on the complexity of the case, the value of the subject matter, and the attorney's qualifications, and shall be charged on a per-case, hourly, or percentage basis, subject to the specific provisions of the entrustment contract. There is no unified government pricing for these fees. Inheritance cases involving identity relationships are generally not subject to contingency fees. It is recommended to clarify the scope of fees and whether they include travel and litigation costs before entrusting the attorney, and to evaluate the cost-effectiveness based on the value of the disputed estate before initiating the case.

Q4: How long does it usually take to resolve a dispute over a video will?

The first-instance ordinary procedure is completed within six months and the simplified procedure within three months; if it involves will appraisal, witness appearance, or image authenticity appraisal, the period will be extended. The appeal period for dissatisfaction with the first-instance judgment is within 15 days from the date of service, and the second-instance generally takes three months. The transfer of ownership and the enforcement of the discounted payment after the judgment takes effect require additional time. Overall, cases with clear facts often take several months from filing to enforcement, and complex cases take even longer. It is recommended to submit the original images and witness clues within the evidentiary period to avoid delays caused by appraisal or supplementary evidence collection.

Q5: I found that the video will doesn't show the date. What should I do?

Here are the four steps we recommend: 1. Save the original unedited video and device metadata, and never overwrite or replace it. 2. Locate the witness statements, transcripts, or chat records from the day of the recording to verify the authenticity of the date and the presence of the witnesses. 3. Confirm the qualifications of the witnesses and exclude any interested parties. 4. Consult a professional lawyer with all the materials to assess whether the claim is valid after correction or whether it should be handled according to legal inheritance procedures. It is strictly prohibited to reshoot the date to replace the original footage or destroy the original materials, as this may lead to unfavorable legal consequences.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

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 succession·Attorney Yuan Hang·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 a dispute arises, please consult a practicing lawyer in a timely manner.