[Direct answer]In the Beijing area, wills recorded by the heirs themselves with their mobile phones usually have significant defects in legal effect. According to Article 114 of the Civil Code of the People's Republic of China, heirs, legatees, and persons with an interest in them cannot act as witnesses to wills; and according to Article 1137 of the Civil Code, audio and video wills must be witnessed by two or more witnesses who are present, and the names or portraits of the testator and the witnesses, as well as the year, month, and day, must be recorded. If the will is recorded by the heirs themselves and lacks qualified witnesses without any interest in the matter, it will be difficult to be recognized as valid. Even if the content is true, the illegal form may still lead to its invalidation. For more details, please refer to the following link:Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

In practice, heirs often record wills on their own when there are family disputes or when the elderly make hasty declarations. Typical scenarios include: children recording the elderly's declaration of "giving me the house" on their own using mobile phones to compete for the inheritance; heirs being present and operating the recording while acting as witnesses; only recording the heirs' relayed statements without seeing the elderly's clear expressions; and the recording being kept by the heirs after recording, with its authenticity being questioned. These situations all point to a legal red line - heirs cannot act as witnesses, and the recordings they dominate naturally lack neutrality. In cases involving property ownership, it can be combined with other evidence to determine the authenticity of the recording.Real estate sales and construction project servicesClarify the registration status.

II. Key points of contention

There are three focal points of such will disputes. Firstly, the qualification of witnesses: heirs, legatees, their close relatives, creditors and debtors, and other parties with vested interests are not allowed to act as witnesses. If the will is recorded by the heirs, it will directly lead to the lack of essential elements. Secondly, the authenticity of the expression of intention: in the absence of neutral witnesses, it is difficult to prove whether the elderly made the will voluntarily or were induced to do so. Thirdly, the completeness of the form: whether the names, portraits and dates are recorded. For cases involving estate debts and division of property, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesHandle them all together.

III. Professional analysis by Hengluo Lawyers

Based on a will inheritance dispute case handled by our firm, we can see the court's review standards for the form and execution of wills. In July 2023, Wang *5 made a self-written will, stipulating that the house located at No. 1506 in Fengtai District would be inherited by his spouse, Zhou Min, with a clause requiring him to pay 1 million yuan to his three siblings after selling the house. The three siblings demanded immediate auction and division of the property, while Zhou Min entrusted Attorney Yuan Hang from Beijing Henglu Law Firm to defend against the lawsuit, providing evidence that the self-written will was legally valid and seeking a grace period for its execution. The Fengtai Court ruled that the will was legal and valid, and ordered that the house be inherited by Zhou Min and transferred within a specified timeframe, with the deadline set for July 14, 2029, for the payment of 1 million yuan. 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: A will must be recognized by the court, and both its form and content must be legal and clear. It is far better to have a qualified party draw up a will in accordance with the law than to argue about it afterwards.

IV. Practical suggestions and legal basis

The core basis is Article 1137 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Audio and video wills must be witnessed by two or more witnesses who are present and have their names, portraits, and dates recorded), Article 1140 (Heirs, etc. are not allowed to act as witnesses), and Article 1143 (Witnesses who are not qualified, etc. will render the will invalid). Practical suggestions: When making audio and video wills, it is necessary to have two or more uninterested adult witnesses; the testator and witnesses must clearly state their names or show their portraits and specify the date; heirs can only assist in the operation and must not act as witnesses or take the lead in recording; and the original carrier should be properly preserved. For matters involving the execution of wills, it can be combined with other relevant provisions.Special services and other case servicesEvaluate the plan.

5. Henglu Law Firm's Reminder

If the elderly truly wish to make a will through audio and video recording, it is essential to adhere to the legal requirements: two witnesses with no conflicts of interest must be present, and the elderly must clearly express their distribution intentions and state their names and dates. The witnesses must appear on camera or verbally confirm at the same time. The heirs can help with the equipment but must not take the role of witnesses. After the recording, the original file should be preserved without editing. For major assets, it is recommended to prioritize notarized wills or wills witnessed by lawyers to reduce the risk of invalidation. If necessary, professional legal services can be sought for planning assistance.Inheritance succession and family property division servicesObtain professional support.

VI. Frequently Asked Questions

Q1: If an heir records a will by themselves, can they win the lawsuit and have it recognized as valid?

It's very difficult and not advisable to rely on luck. According to Article 1140 of the Civil Code, the heirs themselves belong to the category of statutory excluded witnesses. If they record, operate, or even act as witnesses themselves, it will directly lead to the lack of witnessing elements for the audio-visual will. Even if the content is truly the senior's true intention, the form is illegal and may still be deemed invalid, and the estate will be handled according to statutory inheritance. Whether it can be accepted depends on whether there are other supporting evidences such as qualified witnesses without any interest in the matter, rather than the audio recording itself. Therefore, instead of arguing about it afterwards, it's better to have a neutral witness complete the process according to law when making the will.

Q2: To make a compliant video will, what do I need to prepare?

Prepare two core elements: First, more than two unrelated adult witnesses, excluding heirs, legatees, their close relatives, creditors, debtors, etc. Second, clear recording equipment and original documents. During the recording, the testator shall state his/her identity and distribution intentions. The testator and witnesses shall respectively state their names or show their portraits and state the year, month, and day. The entire process shall be continuous and unedited. It is recommended to simultaneously record the recording time and location and have the witnesses sign and confirm it, and to retain the original mobile phone or storage device. The organization of materials should aim to meet the requirements of "true intention + qualified witnesses + complete form", so as to reduce the risk of being questioned in the future.

Q3: What is the fee standard for having a lawyer witness or draft a video will?

There is no nationwide standard pricing for attorney fees. Generally, fees are negotiated on a per-case basis or based on the complexity of the estate, and the specific fees are stipulated in the power of attorney contract. The fees for simple will witnessing are lower than those for comprehensive wealth planning involving multiple sets of real estate, equity, and other assets. It is recommended to clarify with the law firm the scope of services (whether it includes recording witnessing, drafting documents, and follow-up consultations) and third-party costs such as travel expenses, and to refuse personal private charging. Compared with the losses caused by the invalidation of the will due to formal defects and the forced statutory distribution of the estate, proactive professional witnessing is a safe and cost-effective choice.

Q4: How long does it usually take from the making of a video will to the division of inheritance?

The order is completed immediately, but the "effective recognition" often occurs after the inheritance takes place. If all the heirs have no objections, the transfer and division can be negotiated more quickly; if there is a lawsuit, the first-instance ordinary procedure will be concluded within six months and the summary procedure within three months. To shorten the cycle, it is recommended to fix the information of the witnesses, the original documents, and the recording notes when making the order, so that evidence can be provided quickly in case of disputes. For real estate, after the inheritance is confirmed, it is also necessary to handle the transfer registration in accordance with the law. The overall time depends on the cooperation and whether there is a lawsuit.

Q5: If an elderly relative wants to record a video to leave a will, what specific help should I, as an heir, provide them with?

The correct approach is to "assist but not dominate": First, help the elderly contact two unrelated adult witnesses to be present; Second, use your phone to record continuously, and let the elderly clearly express their wishes. The elderly and the witnesses should respectively state their names and specify the year, month, and day. You are only responsible for holding the device; Third, save the original documents and make backups, without any editing or alteration; Fourth, if possible, accompany them to handle notarization or have a lawyer witness it, to further solidify the effectiveness. Remember not to act as a witness or speak on behalf of the elderly, ensuring that the process is neutral and compliant with regulations.

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 the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Legal services for inheritance·Attorney Yuan Hang·Beijing Hengluo 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. If you encounter disputes, please consult a practicing lawyer in time.