[Direct answer]There's no definitive answer as to which is better. The key lies in whether the form is legal and whether the intent is genuine. Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021) has abolished the rule that notarized wills have priority in legal effect. All legally binding forms of wills are now on an equal footing. In the event of conflicting content, the last will made shall prevail in accordance with paragraph 3 of Article 1142. For those with complex property structures or concerns about post-death disputes, the standardized materials of notarized wills offer clear advantages. For those with mobility issues or involving privacy concerns, who hope to receive simultaneous consultation and execution solutions from lawyers, lawyer-witnessed wills are more flexible. Regardless of the form, two disinterested witnesses, page-by-page signatures, and the indication of the date and month are non-negotiable requirements.

I. Legal basis and interpretation of provisions

1. Articles 113 and 114 of the Civil Code of the People's Republic of China (effective January 1, 2021)

Article 1136 stipulates that the printed will shall be witnessed by two or more witnesses, and the testator and witnesses shall sign each page of the will and indicate the year, month, and day; Article 1140 lists three categories of subjects who cannot act as witnesses: persons with no capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the ability to witness; heirs and legatees; and persons who have an interest in the heirs and legatees. The reason why lawyers' witnessing is often chosen is that it can simultaneously meet the dual requirements of witness qualifications and formal requirements. Conversely, once there is only one witness, a page is omitted from the signature, or the beneficiary children are allowed to witness, the will may be deemed to have formal defects and be invalidated.

2. Article 114, paragraph 3 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

The provision stipulates that if there are several wills with conflicting contents, the latest will shall prevail. This marks the formal abolition of the rule that notarized wills take precedence in terms of legal effect, responding to the dilemma in practice where testators are unable to obtain notarization again due to mobility issues, resulting in their true intentions not being realized. For this issue, this article means that there's no need to obsess over whether "notarization is superior". Instead, the focus should be on whether the will itself is legal and valid, and whether it aligns with the testator's true intentions. It's also important to note that the will must reflect the testator's true intentions. A will made under fraud or coercion is invalid, and the content of a forged or tampered will also lack legal effect.

3. The interpretation of the case by the arbitrator

In inheritance disputes, the court's review of the validity of a will typically follows three steps: first, examining the formal requirements (the number and qualifications of witnesses, signatures, and whether the date and month are complete); second, assessing the testator's capacity to understand and express their intentions (if necessary, this is determined based on medical records and diagnostic opinions); and finally, reviewing the substantive content (whether the will disposed of others' property and whether it reserved a necessary share for heirs who lack the ability to work and have no source of income). A will with formal defects that cannot be rectified is often not used as a basis for division, even if its content is fair. However, for a notarized will, it is generally difficult for the parties to refute its authenticity unless there is evidence to the contrary.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:In July 2023, Wang *5 drafted a self-written will, designating his 88-square-meter house at No. 1506, Fengtai District, Beijing City to be inherited by his spouse, Zhou Min, but with the condition that after selling the house, he must pay 400,000 yuan to his sister, Wang *1, 300,000 yuan each to his younger brother, Wang *2, and younger sister, Wang *3, totaling 1 million yuan, and the remaining money would belong to Zhou Min; his ex-wife's daughter, Wang Li, was excluded from the inheritance. After Wang *5 died in September 2023, the three siblings claimed that the will did not specify a payment timeframe, and demanded to immediately auction the house and divide the proceeds. They sued Zhou Min and Wang Li in court. Zhou Min entrusted Beijing Henglue Law Firm to handle the case.Yuan HangThe lawyer appeared in court to defend the client's case.

The focus of the controversy:First, whether the form of the handwritten will is complete and legally valid; Second, how the "pay after selling the house" clause should be implemented and whether a reasonable grace period can be granted; Third, when the heir is both a rights holder and liable for payment, how to balance the interests of both parties.

Our position and that of the other party are as follows:The plaintiff claimed that the house should be auctioned as soon as possible and the discounted price should be paid immediately; Zhou Min's side claimed that according to the will, he should be responsible for selling the house and enjoy the right to dispose of it. He opposed the short-term low-price sale and requested a reasonable performance period.

Attorney's Strategy and Legal Opinion:Yuan HangThe lawyer formulated a "two-step" strategy: First, to consolidate the validity of the will, he provided evidence that the self-written will was written, signed, and dated by the testator himself, with a complete form. According to Article 1134 of the Civil Code of the People's Republic of China, it should be recognized as legally valid. Second, to strive for a grace period, he submitted income certificates and a property valuation report (about 4.5 million yuan), explaining that selling the property at a low price in the short term would harm the common interests of both parties, and actively proposed a "transfer first, payment later" plan — transferring the house to Zhou Min's name first, and selling and paying for it within five years, which not only protects the plaintiff's future creditor's rights but also avoids the heirs being forced to sell the property at a low price.

The court's reasoning and the outcome of the case:The court adopted the lawyer's defense opinion, determined that the will was legal and valid, and respected the parties' negotiation results. It ruled that House No. 1506 would be inherited by Zhou Min, and all parties must complete the transfer of ownership by January 14, 2025. Zhou Min must pay a total of 1 million yuan to the three plaintiffs by July 14, 2029 at the latest. The case acceptance fees and preservation fees will be shared proportionally. The judgment took into account both the intention of the will and the practicalities of its execution.

This case is 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.Xue SuhuaAttorney (Practice Certificate No.: 11101201211769926),Li YonghuiAttorney (Practice Certificate No.: 11101199611955812),FU XiaofeiThe lawyer (practice license number: 11101202111348854) has also handled inheritance and will cases for a long time.

III. Frequently Asked Questions

Q1: Is a will witnessed by a lawyer necessarily more legally binding than a notarized will?

This comparison is not appropriate. Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021) has deleted the rule that notarized wills have priority in legal effect. All statutory forms of wills have equal legal effect, and the last legally valid will shall prevail. In practice, what really determines the success or failure of a will is whether the formal requirements are complete and whether the expression of intent is genuine. Therefore, there is no situation where a lawyer's witnessing is necessarily superior to notarization. Legal form is the common prerequisite for both.

Q2: Is it valid to print a will and have a lawyer witness it?

Yes, but the requirements must be strictly met. According to Article 1136 of the Civil Code of the People's Republic of China, a printed will shall be witnessed by two or more witnesses. The testator and the witnesses shall sign each page of the will and indicate the year, month, and day. If there is only one lawyer as a witness, if the witnesses' signatures are omitted, if the date is not indicated, or if the signatures on each page are missing, the will may be deemed invalid. Therefore, it is recommended that two witnesses be present throughout the process and sign each page of the will.

Q3: Can a notarized will be modified by a later-made will?

Yes. According to Article 1142(3) of the Civil Code of the People's Republic of China, if there are several wills with conflicting contents, the latest will shall prevail; the provision in the original Inheritance Law that the notarized will has priority in effect has been repealed. Therefore, the notarized will is not irrevocable. As long as the later handwritten, proxy, or printed wills are legal and valid, they can also amend the contents of the previous notarized will.

Q4: How do lawyers usually charge for witnessing a will?

Lawyers usually charge for witnessing wills on a per-case or per-subject basis. The fee is generally in the range of thousands of yuan, and it will be higher for cases involving real estate, equity, or multiple wills. The fee should be specified in a written power of attorney contract and invoices should be issued. It should be noted that the fee charged for witnessing a will has no necessary connection with the validity of the will. The key issue is whether the formal requirements and witnessing procedures comply with regulations.

Q5: Who cannot act as witnesses when making a will?

According to Article 114 of the Civil Code of the People's Republic of China, persons without capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the ability to witness, as well as inheritors, donees, and persons who have an interest in the inheritors or donees, cannot act as witnesses to wills. In practice, a common situation of invalidity is having the inheritor himself or his spouse and children act as witnesses. Once this is questioned, the validity of the will is very likely to be denied.

IV. Advice on Protecting Rights and Interests

  • Before making a will, first sort out the property list and ownership certificates to confirm that the property being disposed of is indeed the person's legal property, and avoid disposing of marital joint property or other people's shares.
  • Whether you choose notarization or lawyer's witnessing, it is essential to ensure that at least two witnesses with no vested interests are present throughout the process and sign each page, indicating the year, month, and date.
  • For heirs who lack the ability to work and have no source of income, the necessary share of the inheritance should be reserved. Otherwise, the disposition of this portion of the inheritance may be deemed invalid.
  • After the will is drawn up, if the family situation changes, it should be redrafted and dated promptly to avoid conflicts arising from the contradictory contents of multiple wills.
  • When there are disputes among heirs, they may first consult according to Article 1132 of the Civil Code of the People's Republic of China. If the consultation fails, they should consult professional inheritance lawyers as soon as possible.

If you are currently facing issues such as drafting a will, disputes over the validity of a will, or difficulties in dividing an inheritance, it is recommended that you consult a professional lawyer as soon as possible, bringing along the original will, proof of family relationships, and property certificates to avoid missing the litigation opportunity. →Inheritance | Legal Services for Division of Family Property and Assets·Attorney Yuan Hang·Beijing Henglu Law Firm