[Direct answer]In the Beijing area, the revocation or modification of a notarized will shall be handled by the testator himself/herself by going to the notary office to execute a new notarized will, replacing the old will with the new one. According to Article 1142 of the Civil Code of the People's Republic of China, a testator may revoke or modify the will he/she has made; if there are several wills with conflicting contents, the latest will shall prevail - this article has abolished the priority effect of the original notarized will. It should be noted that the notarized wills established before the implementation of the Civil Code still apply the rule that the notarized will takes precedence at that time. It is recommended that the testator go to the notary office in person and it is not appropriate for others to handle it on his/her behalf. For more details, please refer to the relevant provisions.Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

A will is not immutable, and family changes often trigger the need for amendments. Typical scenarios include: the original notarized will giving property to a child, but later changing it to the spouse due to changes in the relationship; an elderly person first making a notarized will, then writing a handwritten will with conflicting content; and multiple wills conflicting with each other, with heirs arguing over which one is valid. In the past, the public generally believed that "the notarized will is the most authoritative and must be notarized again to amend it", but the Civil Code has changed this rule. Such issues often arise in inheritance disputes.Inheritance disputeThe emergence of medium- and high-frequency trading makes it particularly crucial to clarify the rules.

II. Key points of dispute

There are three key points in the dispute over the revocation of changes. Firstly, the subject of the application: it must be the testator himself who applies for the revocation, and others have no right to revoke or amend on his behalf, which reflects the principle of autonomy of will. Secondly, the legal effect of the old and new wills: after the implementation of the Civil Code, if several wills conflict with each other, the latest one shall prevail, and notarization will no longer be naturally prioritized; notarized wills made before the implementation of the Civil Code shall still be given priority according to the rules at that time. Thirdly, the choice of form: it is possible to re-notarize the will, or to make another legal will such as a self-written or proxy-written will, as long as the form is qualified, it may replace the previous will. For property registration, it can be combined with other legal procedures to ensure the effectiveness of the revocation of the will.Real estate sales and construction project servicesHandle the transfer of ownership.

III. Professional analysis by Hengluo Law Firm

The will inheritance dispute handled by Attorney Zhu Guiyin illustrates the adjudication rules for conflicts between multiple wills. In 2002, Wang Zhiguo and Zhang Hua jointly notarized a will, stipulating that Zhang Hua's share of the house No. 201 in Changping District would be inherited by their daughter, Wang Li (with the obligation to pay 100,000 yuan to their son). However, in 2006, Zhang Hua drafted a handwritten will stipulating that the house would be entirely given to their son, Wang Ming. Wang Ming's son, Wang Gang, sued based on the handwritten will, and Wang Li entrusted Attorney Zhu Guiyin from Henglu Law Firm to represent her. Since all the deceased were passed away before the implementation of the Civil Code, the court applied Article 20 of the original Inheritance Law of the People's Republic of China, ruling that the handwritten will could not revoke or modify the notarized will, and dismissed all the plaintiff's claims. This case was handled by Beijing Henglu Law Firm.Zhu GuiyingThe attorney (practice license number: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acts as the agent. Note of this case: The time when the legal facts occur determines whether to apply the new law or the old rules. It is advisable for the person concerned to re-notarize the will to avoid conflicts when amending the notarized will.

IV. Practical suggestions and legal basis

The legal basis is Article 1142 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (the revocation and modification of wills and the conflict between several wills shall be subject to the latest one); Article 20 of the original Inheritance Law of the People's Republic of China (effective from October 1, 1985 and has been repealed) regarding the priority of notarized wills only applies to inheritance facts that occurred before the implementation of the Civil Code. Practical suggestions: If you want to modify the notarized will, you should go through the notarization process again to ensure that the form is flawless; if you make a self-written or proxy will, it must strictly comply with the statutory form; pay attention to the relationship between the time of occurrence of inheritance facts and the application of laws; if it involves enforcement, it can be connected up.Creditor-debtor relations and enforcement case services.

5. Hengluo Law Firm's Reminder

To amend a notarized will, it is safest to handle it personally, which not only avoids formal disputes but also reduces family members' doubts about its validity. After the promulgation of the Civil Code, notarization is no longer given priority, but re-notarization still has advantages in terms of custody and evidentiary force. Never entrust others to withdraw or amend it on your behalf, nor should you rely solely on WeChat or audio recordings to express your intentions. If you are unsure about the application of "new laws and old rules", it is recommended to consult a professional lawyer and determine which set of rules should be applied based on the time of the decedent's death.

VI. Frequently Asked Questions

Q1: Can a notarized will be revoked at will, and it's enough to write a new one?

The revocation or modification of a will must be done by the testator in accordance with legal procedures, and cannot be revoked by others or through oral statements. After the implementation of the Civil Code, the testator can either re-notarize the will or establish another qualified self-written, proxy-written, etc. wills. If several wills conflict with each other, the latest one shall prevail; but the notarized wills established before the implementation of the Civil Code still apply the priority rule of notarized wills at that time, and the self-written wills cannot revoke them. Whether the will can be "changed", the key lies in the time of the decedent's death and the application of the law, as well as whether the new will form is qualified.

Q2: What materials do I need to prepare to apply for a revocation or modification?

The following items need to be prepared: the testator's identity certificate and capacity certificate, the original notarized will text or the notarization certificate number (for the institution to verify), the new will statement or draft, and the proof of property ownership. The testator must be present in person, state the intention to withdraw or modify the will in front of the notary, and sign the new will. The materials should be authentic, and if there are disputes over the ownership of the property, they should be clarified first. If the testator chooses to make a handwritten will, it must be written by hand, signed, and dated to ensure that the form is valid.

Q3: How much does it cost to revoke and amend a notarized will?

The cost of re-notarizing a will follows the same charging rules as the initial notarization. It is usually determined by the local judicial and pricing authorities and charged on a per-case or per-item basis. The specific charges are subject to the official announcements in the area where the service is provided. If a separate self-written will is prepared, there are generally no fees involved, but this may compromise the probative force of the notarization and the convenience of safekeeping. Lawyer's fees and notarization fees are separate items. Commissioning a lawyer to draft or evaluate a will will be charged separately. It is recommended to budget for these expenses separately.

Q4: How long does it usually take from applying to completing the change?

The time required to re-process a notarized will depends on the completeness of the materials and the schedule of the institution. If the materials are complete and the testator's intentions are clear, the certificate can be issued within a few days to a few weeks; if there are materials that need to be supplemented or the estate is complex, the processing time will be extended accordingly. If only a self-written will is drafted, the process can be completed immediately, but there may be disputes over its validity and litigation in the future. For cases involving the transfer of real estate, the registration and possible litigation time will be calculated separately, and the overall process may take more than a few months.

Q5: I want to revoke my previous notarized will. What exactly should I do?

There are four steps to follow: First, confirm that the testator (the person making the will) is still alive and of sound mind, and that revocation or modification of the will can only be done by the testator himself; Second, sort out the original notarized document and property list, and decide whether to re-notarize the will or draw up a new legal will; Third, the testator goes to the notary office to re-notarize the will, or with the assistance of witnesses, drafts a qualified self-written or assisted will and notes the date; Fourth, properly keep the new will and inform trusted relatives of its storage location. When in doubt about the application of the law, consult a professional lawyer before taking action.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Zhu Guiying·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective 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. In case of disputes, please consult a practicing lawyer in time.