[Direct answer]Yes. As long as the will is legally valid and the expression of intent is genuine, the testator can revoke or amend it at any time during his or her lifetime. Lawyer's witnessing or notarization only strengthens the formal proof and does not "lock in" the content. According to Article 1142 of the Civil Code, the testator may revoke or amend the will he or she has made; if there are several wills with conflicting contents, the latest will shall prevail. When amending the will, the same standard form should be used: for a self-written will, it must be written by the testator himself or herself, signed and dated; for a will written by others or printed, it must be witnessed by two or more witnesses, signed on each page and dated; for conflicting contents, the new will shall be executed, and the remaining parts shall still be executed according to the original will. After the testator's death, there is no possibility of amendment, and the heirs can only negotiate or litigate within the legal framework. Beijing Henglu Law FirmThe inheritance succession teamWe can assist in reviewing the validity of the will. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 1142 of the Civil Code of the People's Republic of China (effective on January 1, 2021)

This article is the general principle of the system of amending wills: Firstly, the withdrawal and amendment of a will are the unilateral rights of the testator, and can be exercised at any point in life without the consent of the heirs; Secondly, if there are several wills with conflicting contents, the latest one shall prevail; Thirdly, if the testator performs civil legal acts contrary to the contents of the will, it shall be deemed as withdrawing the corresponding disposition - if the house has been sold and transferred before death, the corresponding provisions in the will will automatically become invalid. The presence of witnesses does not change this right structure, and the testator can still make a new will after the witnessing process.

2. Article 1135 of the Civil Code of the People's Republic of China (effective as of January 1, 2021)

A holographic will shall be witnessed by two or more witnesses, with one of them acting as the scribe, stating the year, month, and date, and signed by the scribe, other witnesses, and the testator; a printed will (Article 1136) also requires the presence of two or more witnesses, with the testator and witnesses signing each page and stating the year, month, and date. Article 1140 also restricts the qualifications of witnesses: persons without capacity for civil conduct, persons with limited capacity for civil conduct, inheritors, donees, and persons with a vested interest in the will shall not act as witnesses. Formal requirements are the lifeline of the will's effectiveness and the key focus of witnessing services.

3. Practical adjudication guidelines

In will disputes, most of the wills that are overturned fail in the form and witnessing process: the witnesses are the heirs or their close relatives, the wills are not signed on every page, the date and month are missing, and the witnesses are not present throughout the process. The court strictly controls the formal requirements. Since the implementation of the Civil Code, notarized wills no longer have priority effect, and they are all ranked according to the order of time and formal validity. If the testator modifies the will multiple times, resulting in a confusing version, the court will determine the final valid version through the signing date, handwriting identification, and witness testimony; and for oral amendments, unless they meet the special requirements for oral wills in emergency situations, they will generally not be recognized.

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

Review of the case:In July 2023, Wang *5 drafted a self-written will, leaving the 88-square-meter house at No. 1506 in Fengtai District to his spouse, Zhou Min, and simultaneously attached obligations: after selling the house, he would pay 400,000 yuan to his sister, Wang *1, and 300,000 yuan each to his brother, Wang *2, and sister, Wang *3, totaling 1 million yuan. In September 2023, Wang *5 passed away. The three siblings claimed that the will did not specify a payment time and sued for the immediate auction of the house and the division of the auction proceeds. Zhou Min, who was both the designated heir in the will and the person obligated to fulfill the obligations, could not raise 1 million yuan in cash at the time and entrusted Beijing Henglu Law Firm to handle the case for her.Yuan HangThe lawyer appeared in court to defend the defendant.

The focus of the controversy:First, whether the handwritten will is valid; second, how to fulfill the "pay after selling the house" clause and whether it can be postponed; third, how to balance the rights and obligations of the heirs with the obligations of the will.

Our position and the position of the other party are as follows:The three plaintiffs demanded that the house be auctioned as soon as possible and the discounted price be paid immediately; Zhou Min argued that a reasonable period was needed to raise funds, and according to the will, he was responsible for selling the house and had the right to make the final decision on the sale, and opposed the hasty sale of the house at a low price.

Attorney's Strategy and Legal Opinions:Attorney Yuan Hang formulated a "two-step" plan: The first step is to consolidate the validity of the will, by providing evidence that the will was written and signed by Wang *5 in his own hand, with the date and year clearly indicated, and the form is complete. According to Article 1134 of the Civil Code, it is recognized as legal and valid. The second step is to strive for a grace period. By submitting income proof and a property valuation report (with an estimated valuation of about 4.5 million yuan), it is proved that selling the property at a low price in the short term will harm the interests of all parties. Therefore, a "first transfer of ownership and deferred payment" plan is proposed—the house will first be transferred to Zhou Min's name, and the property will be sold within five years and the 1 million yuan will be paid off. This not only protects the future claims of the three plaintiffs, but also avoids the forced devaluation of assets.

The court's reasoning and the outcome of the case:The Fengtai District Court adopted the lawyer's opinion, determined that the will was legal and valid, and respected the results of the parties' consultation. It ruled that the House No. 1506 would be inherited by Zhou Min, and all parties would complete the transfer of ownership before January 14, 2025. Zhou Min would pay a total of 1 million yuan to the three plaintiffs no later than July 14, 2029. The case acceptance fees and preservation fees would be shared proportionally. After the testator's death, the last valid will would become the basis for dividing the inheritance; if the testator were still alive, he could have adjusted the content at any time according to Article 1142 of the Civil Code —— this is precisely the value of making a standardized will and modifying it in a timely manner.

This case is handled by Beijing Henglu Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

III. Frequently Asked Questions

Q1: Is the will witnessed by a lawyer more legally binding?

The value of witnessing lies in standardizing procedures and securing evidence. However, the Civil Code does not grant witnesses of wills or notarized wills higher legal effect. All forms of wills must be legally valid as a prerequisite, and then they are ranked in chronological order. In practice, wills witnessed by professionals are indeed less likely to be overturned due to their complete form and documented process. For matters involving major property disposals, it is advisable to have a lawyer witness and simultaneously record the drafting process to reduce disputes in the future.

Q2: How can I amend my will in a legally binding way?

Three points: First, adopt a form that is equivalent to or even more standardized than the original will, specifying the complete year, month, and day; Second, clearly state in the new will that "the content of the previous will that conflicts with this will shall be subject to this will", reducing the room for interpretation; Third, properly keep and inform the trustworthy custodian. For major properties such as real estate, it is recommended to handle notarization or lawyer's witnessing, and simultaneously keep the medical records and mental state certificates at the time of making the will to prevent disputes over capacity for action.

Q3: Does verbally amending a will count as valid?

Generally, it is not considered a valid will. According to Article 1138 of the Civil Code, a testator can only make an oral will in an emergency situation, and there must be at least two witnesses present. After the emergency situation is resolved, if the testator can make a will in writing or by audio or video recording, the oral will made earlier will be invalid. Daily oral statements such as "who will get the house after I die" do not constitute a change to the will, and the court is unlikely to accept them. Instead, the last valid written will will prevail.

Q4: Is the original will still valid after it has been amended?

The parts that conflict with each other shall be governed by the new will, and the corresponding provisions of the original will shall be deemed withdrawn and no longer enforceable; the non-conflicting parts shall still be executed in accordance with the original will. If the new will itself is invalid, the execution shall revert to the previous valid will. For families with multiple amendments, it is recommended to list a version list, indicating the date of preparation and storage location of each will, to avoid heirs disputing over "which one is the latest version" in the future and delaying the handling of inheritance matters.

Q5: Can the will be amended after the testator's death?

No. The will takes effect upon the death of the testator, and no one has the right to amend it on behalf of the deceased. Heirs may consult and handle inheritance issues in accordance with Article 1132 of the Civil Code. If there are disputes over the validity of the will, a lawsuit may be initiated and the court will review the formal requirements, capacity for action, and true intent. If the heirs or legatees fail to fulfill the obligations attached to the will, according to Article 1144 of the Civil Code, interested parties may request to revoke their right to accept the part of the inheritance subject to such obligations.

IV. Suggestions for Protecting Rights and Interests

  • When making a will, simultaneously keep proof of identity and mental status to prevent disputes over legal capacity in the future.
  • When amending a will, it is necessary to go through all the formal requirements again, and do not make any direct amendments or additions to the old will.
  • Keep the old and new wills separately and mark the dates on them. Inform trusted family members of the storage locations.
  • After the inheritance begins, first check the form and version of the will, and then proceed with negotiations or litigation.

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. →Inheritance legal services·Attorney Yuan Hang·Beijing Henglu Law Firm