[Direct answer]In the Beijing area, when the contents of multiple wills conflict, the latest will shall prevail. According to Article 1142 of the Civil Code of the People's Republic of China, if there are several wills with conflicting contents, the latest will shall prevail; if the testator performs civil legal acts contrary to the contents of the will after making the will, it shall be deemed as a withdrawal of the relevant contents of the will. This rule replaces the previous "priority of the notarized will's effectiveness" provision. Regardless of the form of the previous and subsequent wills, the one made later shall prevail. It is recommended to sort out the establishment time, form, and contents of each will to confirm the last legally valid will; if there are flaws in the last will, it may be necessary to refer back to the previous one. For complex conflicts, it is advisable to consult a lawyer as soon as possible to fix the evidence.

I. Problem background and typical scenarios

Conflicts over multiple wills are common in families where elderly people make multiple wills with different forms. Typical scenarios include: making a handwritten will first, then a notarized will, and later "reneging" by making a new handwritten will; conflicting oral statements and written wills; and different arrangements for the ownership of property in successive wills. Many parties are still influenced by the outdated belief that "notarized wills are the most effective," unaware that the Civil Code now stipulates that "the later one takes precedence." Unclear conflicts can easily lead to inheritance disputes and family feuds. For related inheritance issues, please refer to the following sources for more information:Legal services for inheritance and division of family assets.

II. Key points of dispute

There are three main points of contention. Firstly, regarding the determination of conflicts: whether the contents of several wills truly "contradict each other" requires a clause-by-clause comparison rather than an overall judgment. Secondly, regarding the chronological order: the last will that is legally valid and effective shall prevail, and the parts of the previous will that have been revoked or amended shall be invalidated. Thirdly, regarding defects in effectiveness: if the last will has formal or capacity defects, it may not apply the principle of "the later one takes precedence", and the previous will needs to be revisited. For disputes involving the form of the will, it can be combined with other relevant provisions to resolve them.Inheritance dispute resolution servicesDetermine the validity of each document.

III. Professional analysis by Hengluo Law Firm

Take a will inheritance case handled by Hengluo Law Firm as an example: In July 2023, Wang *5 drafted a self-written will, stipulating that the house at No. 1506 in Fengtai District would be inherited by his spouse, Zhou Min, with a condition that Zhou Min would make a payment. The three siblings sued for immediate auction, and Zhou Min entrusted Attorney Yuan Hang from Beijing Hengluo Law Firm to defend against the lawsuit. The Fengtai Court determined that the self-written will was in a complete and legally valid form, and ruled that the house would be inherited by Zhou Min and transferred before January 14, 2025. Zhou Min was required to make a payment of 1 million yuan before July 14, 2029. This case highlights the crucial role of standardized will forms in determining the validity of the will. In other inheritance cases handled by our firm, we have also encountered situations where a later self-written will conflicts with the content of a previous gift, where the court confirms the revocation of a previous will, and where the division of assets is based on the latest will, confirming the judicial rule that "the latest will shall prevail". This case was handled by Beijing Hengluo Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

The legal basis is Article 1142 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) (the rule that the last will prevails in the event of conflicting wills and the rule of revoking an act), Article 1143 (cases where a will is invalid), and the provisions on various forms of wills (such as the self-written will in Article 1134 and the proxy-written will in Article 1135). Practical suggestions: Systematically organize all original wills and mark the time of their establishment; confirm whether the last will meets the statutory form and the testator's capacity; promptly correct defective wills by redrafting or notarizing them; for real estate-related matters, pay attention to the connection between the will and the transfer registration. For those who need to clarify the effectiveness of the will, they can refer to the relevant provisions.Beijing Hengluo Law FirmThe succession team.

5. Henglu Law Firm's Reminder

When multiple wills conflict with each other, it's not a matter of "whichever one is more formally written counts", but rather "whichever one is the latest and effective counts". The Civil Code has abolished the priority of notarized wills, and the legally valid will written later will prevail directly. Do not cling to the outdated belief that notarized wills cannot be revoked, nor should you easily believe that oral wills can override written wills. If you want to change the old arrangements with a new will, you should standardize its drafting and clearly state what content to retain or withdraw. If you have doubts about its validity, consult a lawyer as soon as possible to avoid disputes over inheritance. You can seek help from a lawyer or other professionals in this regard.Inheritance legal servicesClarify the shares.

VI. Frequently Asked Questions

Q1: If there are conflicts between multiple wills, does the notarized will always take precedence?

No. According to Article 1142 of the Civil Code, if there are several wills with conflicting contents, the latest will shall prevail, and the priority of notarized wills is no longer stipulated. Regardless of whether the previous and subsequent wills are notarized, self-written, written on behalf of others, or in printed form, the one that is later in time and legally effective shall prevail. The old rule of "priority of notarized wills" has been abolished. Therefore, even if a notarized will is executed first, a new will legally executed afterwards can still be amended or revoked. The key lies in time and effectiveness, rather than the formality of the title.

Q2: When dealing with conflicts between multiple wills, what evidence do I need to prepare?

What needs to be prepared: all the original wills (handwritten, written by a proxy, printed, notarized, etc.) and proof of the time they were drafted (date of the notarized document, witness's testimony, video recordings), proof of the testator's capacity for action (such as health records at the time), and materials that can prove the legal form of the last will (witness's signature, video recordings). The evidence should serve to "determine the last legally valid will". If any materials are missing, you can apply to retrieve the notarized files or have the witnesses appear in court. Never make claims based on memory.

Q3: How much does it cost to hire a lawyer to handle conflicts over inheritance and wills?

Inheritance dispute attorney fees are usually charged on a per-case basis or as a percentage of the value of the disputed assets, which is specifically negotiated between the law firm and the client and written into the contract of entrustment. There is no nationwide standard pricing for these fees. Marriage and inheritance cases are prohibited from using risk-based attorney fees according to the law. The litigation fees are determined in accordance with the "Measures for the Payment of Litigation Costs" based on the value of the inherited assets, and the losing party shall bear them. It is recommended to request the law firm to provide a detailed fee breakdown before entrusting them, clarifying whether it includes third-party fees such as investigation and appraisal, to avoid disputes arising from unclear fees.

Q4: How long do inheritance lawsuits involving multiple conflicting wills typically last?

The first-instance ordinary procedure for inheritance litigation shall be concluded within six months, and the summary procedure within three months; multiple conflicting wills often require handwriting identification, witness verification, or retrieval of notarization files, which will prolong the process. Complex cases may take over a year to resolve. For those who appeal against the judgment, the second-instance procedure typically takes three months. Overall, it often takes several months to over a year from filing a case to enforcement. It is recommended to fix the original copies of all wills and evidence of their creation as soon as possible, shorten the time spent on appraisal and evidence collection, and accelerate the process of confirming ownership rights.

Q5: I found multiple conflicting wills in my family. What should I do?

Here's the translation of the four-step advice into English, with a detailed explanation: 1. Collect all the original wills and sort out the time and form of their execution. 2. Confirm the validity of the last legally binding will according to Article 1142 of the Civil Code, and check whether there are any formal or capacity defects in the last will. 3. Correct the defective will by redrafting or notarizing it, and explicitly revoke the content of the previous will. 4. Heirs can first negotiate among themselves. If no agreement is reached, they can resort to litigation and consult professional lawyers to clarify the validity and share of the inheritance to avoid causing an inheritance stalemate due to blind claims.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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