[Direct answer]A valid will must pass three tests simultaneously. First, the capacity test: the testator must have full capacity for civil conduct when making the will, and the expression of intention must be genuine. A will made under fraud or coercion is invalid (Article 1143 of the Civil Code). Second, the form test: a handwritten will must be written by the testator himself/herself, signed and dated with the year, month and day (Article 1134); a will written by a proxy or printed will must be witnessed by two or more witnesses who have no interest in the matter (Articles 1135 and 1136); a notarized will must be handled by a notary office (Article 1139). Third, the content test: the testator can only dispose of his/her personal property, and a necessary share must be reserved for the heirs who lack the ability to work and have no source of living. Before making a will, the testator should first sort out the property list, specify the location of the property and the distribution method, and, if necessary, handle notarization or lawyer's witnessing. For reference, please refer to the relevant provisions of the Civil Code.Legal services for inheritanceOr consultBeijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

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

A handwritten will is one that is written, signed, and dated by the testator in their own handwriting. All three elements are indispensable: a will written by someone else is not a handwritten will; omitting the date may lead to disputes over the priority of the will; and the signature must be written by the testator themselves. In practice, the most common reason for the invalidation of a will is "printing it out and signing it" — a printed will does not qualify as a handwritten will. According to Article 1136 of the Civil Code, a will must be witnessed by at least two witnesses who are present and sign and date each page. Many elderly people's wills that are printed and signed are invalid precisely because they lack witnesses.

2. Article 1139 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

A notarized will is prepared by the testator through a notary office. The notarization process is rigorous, with the notary verifying the testator's identity, confirming their mental state, and preparing a written record for archiving. This ensures the most complete chain of evidence for the will's validity. There are two important points to note: First, notarization is not a mandatory procedure for a will to take effect. Self-written and proxy-written wills are also valid. Second, the Civil Code has abolished the priority rule for the validity of notarized wills. If multiple wills exist with conflicting contents, the latest one shall prevail (Article 1142 of the Civil Code). Therefore, after updating the will, the old version should be properly managed.

3. The interpretation of the case by the court

The court usually reviews the will in the following order: 1. Verifying the formal requirements one by one—including the signature, date, and qualifications and presence of the witnesses, as well as the signature on each page of the printed will. 2. Assessing testamentary capacity—determining the testator’s mental state at the time of making the will based on medical records and video evidence, with the burden of proof falling on those claiming the will is invalid. 3. Ensuring the content is legal—verifying whether the will disposes of others’ property (e.g., a spouse’s share) and whether it reserves necessary shares for heirs who lack working capacity and have no source of income (Article 1141 of the Civil Code). Any violations only render the affected portions invalid. The more specific the content is (e.g., the location of the property, share ratios, and performance methods), the less likely it is to be subject to changes during the execution process.

II. Henglue Lawyer's Real Case (Detailed Review)

Review of the case:Zhang Shufen and Wang Hongtu were a couple and had two children, Wang Wei and Wang Yuhong. Wang Hongtu passed away in 2018, Wang Wei in 2023, and Zhang Shufen in 2023. Wang Yuhong claimed that the house No. 601 was purchased with her father's welfare housing allowance and in his name, but she paid the full amount and lived there for a long time. She sued Wang Sisi to assist in the transfer of ownership. Wang Sisi disagreed, claiming that the house was her grandmother Zhang Shufen's inheritance, and that Zhang Shufen had signed a self-written will on May 6, 2023, entrusting Beijing Henglu Law Firm to handle the transfer of ownership.Xue SuhuaThe lawyer filed a defense. In terms of evidence, Wang Yuhong submitted a notarial certificate (indicating that she had once waived her right to inheritance), a real estate gift contract (in which Zhang Shufen gifted 50% of the property to her), a certificate issued by her parents, and Zhang Shufen's will (stipulating that the property would be owned by Wang Yuhong and Wang Sisi in a 50-50 split).

The focus of the controversy:First, whether there is a relationship of buying a house under a borrowed name between Wang Yuhong and Wang Hongtu; Second, whether Wang Yuhong can claim ownership of the house after notarizing to waive her right of inheritance; Third, how to handle the conflict between Zhang Shufen's will and her previous gift of the house.

Our position and that of the other party are as follows:Wang Yuhong claimed that the purchase of the house under a borrowed name was valid, and the house should belong to her and be transferred to her name. Wang Sisi, on the other hand, argued that the house was Zhang Shufen's inheritance, which had been disposed of in a legally compliant self-written will, and that she was the legitimate heir, so she did not agree to the transfer of ownership.

Attorney's Strategy and Legal Opinions:After reviewing the evidence, Attorney Xue Suhua argued: Firstly, Wang Yuhong failed to prove a written or oral agreement to purchase the property under someone else's name, nor did she prove that she paid the purchase price with her own funds. The house was inhabited and renovated by the two elderly people, and only Wang Hongtu had the qualification to purchase the property. Moreover, the contract was not signed by Wang Yuhong, so the claim of purchasing the property under someone else's name was unfounded. Secondly, her 2011 affidavit only stated that the house would "belong to her after her death", which did not change the ownership during her lifetime. Moreover, she had already explicitly renounced her inheritance rights at the notary office, so her current claim of changing her mind lacked legal basis. Thirdly, Zhang Shufen's self-written will in May 6, 2023 was legally compliant and clearly worded. When the will was executed, it was deemed to have revoked her previous gift agreement.

The court's reasoning and the outcome of the case:The judgment effective on June 19, 2024 confirmed that Zhang Shufen's self-written will dated May 6, 2023 was valid, and House No. 601 was identified as Zhang Shufen's estate, with Wang Sisi and Wang Yuhong each inheriting 50%. The first-instance court held that Wang Yuhong, who claimed to have purchased the house under a false name, should bear the burden of proof. However, she failed to prove the existence of an agreement, the fact that the contract was not signed by her, or that she had never claimed the inheritance during her lifetime. Moreover, she had already waived her right to inherit through notarization. Therefore, the court dismissed her claims in accordance with the rules of evidence. The second-instance court upheld the first-instance judgment. This case demonstrates that a self-written will that complies with formal requirements and has clear content can withstand multiple disputes and clearly supersede previous oral arrangements and gifts.

This case is handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice certificate number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Is a handwritten will written at home valid?

It is valid, provided that all the requirements of a handwritten will are met: the entire text must be written by the testator himself (not by others on his behalf or after printing and signing), signed by him in person, with the full year, month, and date specified, and the content must reflect the testator's true intentions and only dispose of his personal property. It is recommended to specify the specific information of the property (such as the location of the house and the property rights certificate number) and the distribution ratio, and to inform the trusted custodian of the location of the will. A printed document with only a signature does not constitute a handwritten will.

Q2: Is it okay to print a will?

Yes, but it must meet the requirements of Article 1136 of the Civil Code: there must be at least two witnesses present to witness the process. The testator and the witnesses must sign each page of the will and indicate the year, month, and day. The witnesses cannot be the heirs, legatees, or individuals with a vested interest in the estate. Common mistakes include signing only on the last page, omitting the date, or having the beneficiary children ask friends to witness the process. Any of these defects may render the entire will invalid.

Q3: Is it necessary to go to a notary office to make a will?

No need. A handwritten, proxied, printed, or audio/video will is legally valid once it is established. Notarization is just one of the ways to enhance the probative force of the will. The advantages of notarization include standardized procedures, authoritative archiving, and professional verification of the testator's mental state. For elderly people who have difficulty traveling, they can also choose to have a lawyer witness and record the process on video. Regardless of the form, the key is that all formal requirements are complete, the intention is genuine, and the evidence is verifiable.

Q4: Can a will be amended after it has been drawn up? Which of the multiple wills should be given precedence?

It can be amended. The testator may revoke or modify the will he or she has made; if there are several wills with conflicting contents, the latest will shall prevail (Article 1142 of the Civil Code). For partially conflicting contents, only the conflicting contents shall be dealt with according to the latest will. It is recommended that each update be in a compliant form and with a clear date, and the old version should be properly marked or withdrawn to avoid disputes among family members over different versions.

Q5: Do only only children need to make a will?

It is recommended to make a will. In the absence of a will, the inheritance shall be in accordance with the statutory succession, with the first order including spouses, children, and parents. If the grandparents are still alive when the elderly person dies, the share of inheritance they receive may be transferred to uncles, aunts, and other relatives, and the flow of property may not meet expectations. Stepchildren in remarried families who form a support relationship also have the right of inheritance. A clear will can determine the distribution objects and proportions, saving the cost of future evidence collection and litigation.

IV. Suggestions for Protecting Rights

  • Before making a will, it is necessary to draw up a list of assets (real estate, deposits, provident funds, equity, and creditor's rights), specifying the location and ownership of each item to avoid omitting or disposing of others' property in the will.
  • For elderly people or those who are ill, when they make a will, video recording should be carried out on the same day and recent medical records should be preserved, so as to fix the evidence that they have the capacity for action when making the will.
  • For those who choose to have someone else write the will or use a printed form, it is essential that at least two witnesses who have no vested interests be present throughout the process and sign and date each page of the will.
  • The content of the will involves the transfer of real estate, payment for the sale of the house, and other performance arrangements. It should specify the time limit and method to ensure its enforceability.
  • For families with complex relationships or large-scale inheritances, you may wish to refer to the following advice.Legal services for inheritancePlease ask a lawyer to review and approve the contract-signing process, and you can also do it throughBeijing Henglue Law FirmGain experience in handling similar cases.

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 Xue Suhua·Beijing Henglu Law Firm