[Direct answer]In the Beijing area, if a new will is made, whether the old will is still valid even if it has not been destroyed depends on whether its content conflicts 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 has made; if there are several wills with conflicting contents, the latest will shall prevail. Therefore, if the new will conflicts with the old one, the conflicting parts of the old will shall be replaced by the new one without the need to destroy the old one; if the contents of the new and old wills do not conflict, they shall be valid and applicable concurrently. The key point is that the latest will shall prevail rather than whether the old one has been destroyed. It is recommended to explicitly revoke the previous relevant arrangements when making a new will to avoid ambiguity. For more details, please refer to the following link:Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

Many elderly people make multiple wills during their lifetime, but fail to destroy the old ones in time. After their death, their children find multiple wills and argue over them. Typical scenarios include: making a handwritten will early in life to give the house to the eldest son, but later making a notarized will to give it to the second son, with the old will still preserved; printing a new will without destroying the old handwritten will, which contradicts the content of the new will; and the testator expressing different wishes at different times but failing to explicitly revoke the previous will. The parties often mistakenly believe that the old will is still valid if it has not been torn up, or conversely believe that the new will automatically invalidates the old one. In fact, the law uses the last and conflicting parts as the judgment standard, and whether the will is destroyed is not a prerequisite for its effectiveness. The relevant inheritance arrangements can be combined withDivorce litigation and family dispute resolution servicesCoordinate and plan things in an organized and efficient way to achieve the best results with the least effort.

II. Key points of contention

There are three key points of the dispute. Firstly, the determination of conflicts between old and new wills: the parts that contradict each other shall be subject to the latest will, and the parts that do not contradict each other shall be valid separately. It is necessary to compare them item by item rather than reject them as a whole. Secondly, the form of wills and the method of revocation: the Civil Code has deleted the priority rule of notarized wills, and all forms of wills are equally effective, with the later one taking precedence. The testator can also explicitly revoke the will (such as destroying it or indicating its revocation). Thirdly, evidence and authenticity: the authenticity of multiple wills, the time of their establishment, and whether they were made under duress directly affect the final determination. For wills involving real estate, reference can be made to the relevant provisions.Real estate sales and construction project servicesClarify the property rights.

III. Professional analysis by Hengluo Lawyers

Based on the practice of will inheritance in our firm, conflicts between multiple wills are one of the most common disputes. Taking a will inheritance dispute handled by Attorney Yuan Hang as an example: the decedent made a self-written will, stipulating that the house in Fengtai District would be inherited by his spouse with the condition that "the money would be paid after the house is sold". The three siblings sued for immediate auction and division of the house. The court, in accordance with Article 1134 of the Civil Code, determined that the self-written will was complete and legally valid, and ruled that the house should be inherited by the spouse and required the spouse to make the payment within a specified period, reflecting a comprehensive review of the content of the will and the method of its implementation. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent. In the case of the coexistence of old and new wills, the attorneys of our firm usually suggest that the new will clearly stipulates that the previous relevant wills are inconsistent with the new will, and the new will shall prevail. This can eliminate conflicts at the source and properly preserve the original copies of all wills for verification.

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 or modification of a will, and the last will shall prevail in the event of conflicting wills, and the rule that the notarized will shall have priority in effect shall be deleted), and Articles 1134 to 1139 (the formal requirements for various forms of wills). Practical suggestions: When making a new will, specify the revocation or modification of previous relevant arrangements to avoid leaving ambiguity; there is no need to forcefully destroy old documents, but they should be properly stored and marked with the date; for major property matters, it is preferable to handle notarization or lawyer's witnessing to fix the time of conclusion and authenticity; during one's lifetime, one can actively clear out old wills or sign a statement. For matters involving estate execution, it can be combined with other relevant provisions.Special services and other case servicesAdvance.

5. Henglu Law Firm's Reminder

When there is a conflict between old and new wills, remember that the latest one takes precedence, not the one that has been destroyed. Just because the old will hasn't been torn up doesn't mean it's fully valid, and the new will doesn't need to be destroyed to take effect either. The key point is whether the content of the two wills contradicts each other and the order in which they were made. It is recommended that every time you rearrange your assets, clearly cover the previous intentions in the new will and specify the date, while keeping the original copy. Don't blindly believe in the outdated concept that notarized wills always take precedence. The Civil Code now adopts an equal treatment approach. If you're unsure about the validity of multiple wills, consult a professional lawyer as soon as possible to sort out the timeline and content to prevent inheritance disputes caused by conflicting interpretations. For asset preservation matters, you can seek assistance from relevant professionals.Creditor-debtor relations and enforcement case services.

VI. Frequently Asked Questions

Q1: I have two wills, one new and one old. Can I win the inheritance lawsuit?

The key to winning the case lies in determining which will is the last and how its content conflicts with others, rather than simply owning a will. According to Article 1142 of the Civil Code, if the contents of several wills conflict with each other, the latest will shall prevail. If the will you hold is recently drafted and legally valid, with no evidence of coercion, your claim to distribute the estate according to the new will will usually be supported. However, if the old will was drafted later or involves a notarized will coexisting with the new will, the court will need to compare the drafting time and authenticity of the two wills. The court will also review the formal requirements and the testator's capacity for action of each will. It is recommended to first clarify the timeline, form, and content differences of each will, then evaluate your claim, and not to make unrealistic guarantees about the outcome.

Q2: If multiple wills conflict with each other, what evidence do I need to prepare?

The core evidence includes: the original wills (handwritten, notarized, drafted by others, printed, etc.) in the form of comparison and time; supporting evidence of the time of making the will, such as the date of the notarial document, the witness's testimony, the postmark or synchronized video; materials proving that the testator had the capacity for action and true intention when making the will (medical records, witness's testimony); and proof of the ownership of the inheritance. The evidence should serve to prove which will is the last and truly effective. For notarized wills, the notarial files can be retrieved; for those with doubts of coercion, relevant communication records should be collected. The more complete the materials are, the more likely it is to determine the authenticity of the last will.

Q3: For inheritance disputes arising from conflicting wills, how much does it cost to hire a lawyer?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees", based on the value of the disputed estate, and shall be borne by the losing party or shared proportionally according to the outcome of the case. There is no unified standard for attorney's fees. Generally, they are charged on a per-case basis or according to the proportion of the subject matter. In family inheritance cases, risk-based representation is not allowed. The specific charges shall be subject to the terms of the entrustment contract. It is recommended to calculate the value of the estate and the share that can be obtained before suing, and to clarify the charging method and upper limit with the law firm to avoid the cost being higher than the potential benefits. For cases involving only a small amount of disputed property, it is advisable to prioritize negotiation or mediation to reduce the cost of litigation.

Q4: How long does it usually take to resolve disputes over the validity of a will?

The first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months; for cases with clear facts and only involving the comparison of the time of the will, the summary procedure shall be applied more frequently. If handwriting identification, capacity assessment, or retrieval of notarial files are required, the period will be extended. The second-instance appeal generally takes three months. After the judgment takes effect, involving property transfer or compensation for the estate still requires enforcement. Overall, simple cases involving will conflicts often take several months, and complex cases or those involving multiple inheritors or requiring identification may take more than half a year. It is recommended to fix the original wills and the evidence of their establishment within the evidentiary period, and to pay attention to the appeal deadline.

Q5: I want to draw up a new will to replace the old one. What should I do first?

Here are the four steps recommended: 1. Determine the scope of assets and the new distribution intentions, and list the proposed changes. 2. Select a standardized form. For a handwritten will, it must be written and signed by the testator in person, with the date noted. Alternatively, it can be notarized or witnessed by a lawyer to ensure its authenticity and validity. 3. In the new will, specify that if there are inconsistencies with the previous will, the new will shall prevail. Clearly revoke the previous intentions, without requiring the destruction of the old document but ensuring its safekeeping. 4. Deliver the original of the new will to a trusted person for safekeeping or deposit it with the notary office, and inform the necessary heirs to reduce disputes. Throughout the process, maintain a record of the drafting and, if necessary, consult a lawyer to ensure the form's legal compliance.

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

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 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. If a dispute arises, please consult a practicing lawyer in a timely manner.