[Direct answer]The will witnessed by a lawyer is not an independent legal form of will, and its effectiveness depends on whether it falls into the legal forms of a written will or a printed will and meets all the requirements. According to Articles 1135 and 1136 of the Civil Code (effective January 1, 2021), both written and printed wills must be witnessed by two or more witnesses. For a printed will, the testator and the witnesses must sign each page and indicate the year, month, and day. According to Article 1140, heirs, legatees, and persons with an interest in the will cannot act as witnesses. If a lawyer has professional competence and does not fall into the legally excluded circumstances, the will witnessed by a lawyer throughout the process, videotaped simultaneously, and issued with a certificate has a significantly higher chance of being recognized as valid. Beijing Henglu Law FirmA team of lawyers specializing in inheritance lawThe formal requirements for a will can be checked, please refer to the details for more information.Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Articles 1135 and 1136 of the Civil Code of the People's Republic of China (effective January 1, 2021)

A written will shall be witnessed by two or more witnesses, with one of them acting as the scribe. The testator, the scribe, and the other witnesses shall sign it together, indicating the year, month, and date; a printed will shall be witnessed by two or more witnesses, with the testator and the witnesses signing each page of the will and indicating the year, month, and date. Lawyer-witnessed wills are usually prepared in these two forms. If there is one fewer witness, a signature missing on a certain page, or only the year but not the month and date, any omission in any link may result in the invalidity of the entire will. This is the core checklist for formal review, and all items should be checked one by one at the time of preparation.

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

There are three categories of people who are not allowed to act as witnesses to wills: people without civil capacity, people with limited civil capacity, and other people who do not have the ability to witness; heirs and legatees; and people who have an interest in the heirs and legatees. It has no legal significance for children, spouses, and other heirs to be present to "witness" the will. This is the most common reason for the invalidation of wills within families. Although lawyers are not excluded from this list, if they have interests such as entrusted agency and property consultation with a particular heir at the same time, the validity of the witnessing will also be questioned. When entrusting, the lawyer should confirm and disclose his independence.

3. Practical adjudication guidelines (common reasons for losing lawsuits in witnessing wills)

The common reasons why courts deny the validity of a witnessed will include: when only one of the two nominal witnesses was actually present or left midway; when the printed will was not signed on every page; when the date was not fully specified; when the witnesses signed it later and did not participate throughout the process; or when there was no video or record of the will-making process to prove the testator's true intentions. Standard lawyer-witnessed wills should be witnessed in person throughout the process, with simultaneous video recording, and the preparation of a witness certificate and filing of the draft. Such wills are much more convincing in litigation. It should also be noted that after the implementation of the Civil Code, notarized wills no longer have priority effect. If there are several wills with conflicting contents, the latest one shall prevail. Old and new wills in the elderly's possession should be submitted for review together to avoid disputes over "recycling old wills".

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

Review of the case:Zhang Quan and Liu Cui Fen are husband and wife, and they have a daughter, Zhang Ya, and a son, Zhang Zhiqiang. In 1995, Zhang Quan purchased a house at No. 301 in Haidian District, Beijing through the unit's housing reform preferential purchase program, and the house was jointly owned by him and Liu Cui Fen. On February 24, 2021, Zhang Quan signed a written will with two witnesses, specifying that 50% of the shares in his name would be inherited by his daughter, Zhang Ya. On February 3, 2022, Zhang Quan passed away. Zhang Ya claimed to inherit the property according to the will, but Liu Cui Fen and Zhang Zhiqiang raised objections, claiming that Zhang Zhiqiang contributed 9,000 yuan to the purchase of the house in 1995 and should first divide the property before inheriting it. During the trial, they later changed their position, claiming that the money was a loan. Zhang Ya therefore entrusted Beijing Henglu Law Firm to handle the case.Yu DayiThe lawyer filed a lawsuit.

The focus of the controversy:First, whether the written will complies with the statutory formal requirements and can be used as a basis for inheritance; second, whether the investment of 9,000 yuan constitutes joint ownership of the house property rights; third, whether the ownership of the housing reform property rights is related to the investment.

Our position and that of the other party are as follows:Zhang Ya argued that the holographic will made by her father was legal and valid, and that the 50% share in her name should be inherited by her. Zhang Zhiqiang argued that the 9,000 yuan he invested in 1995 should be separated from the property rights first before inheritance. After the court explained the situation, he changed his position and claimed that the money was a loan, asking for it to be treated as a debt, and submitted retirement certificates, income certificates, and other supporting documents.

Attorney's Strategy and Legal Opinion:Attorney Yu Dawai pointed out that the will involved in the case was orally dictated by Zhang Quan, witnessed by two witnesses throughout the process, recorded by the proxy and signed by all parties, which fully meets the formal requirements of the proxy will set forth in Article 1135 of the Civil Code and should be deemed valid. According to Articles 1123 and 1133 of the Civil Code, if there is a valid will, the inheritance shall be in accordance with the will. The house involved in the case was a housing reform house purchased by Zhang Quan based on his status as an employee. The ownership of the house was determined by policy and had nothing to do with the investment. Zhang Zhiqiang did not have the qualification to purchase the housing reform house, and his investment at most constituted a gift or a loan, without generating a right of joint ownership.

The court's reasoning and the outcome of the case:After trial, the Haidian District Court of Beijing City ruled that the will was legally valid and its content was clear. The defendant failed to refute its authenticity, so it should be deemed valid. The ownership of the public housing units was determined according to relevant policies and was unrelated to the investment. Even if the amount of 9,000 yuan was true, it did not constitute a basis for division. The claim of loan lacked evidence and was inconsistent with the defendant's previous statements, so it was not accepted. In the final judgment, the 50% share under Zhang Quan's name was inherited by Zhang Ya. After the inheritance was completed, the house would be owned by Zhang Ya and Liu Cui Fen in equal shares. All the defendant's claims were dismissed. This case demonstrates that a will with a complete witnessing process and compliant form can withstand legal scrutiny, which is the value of professional witnessing.

This case is handled by Beijing Henglu Law Firm.Yu DayiThe lawyer (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Is a will witnessed by a lawyer necessarily more effective than a self-written will?

Not necessarily. A handwritten will is valid as long as it is written in its entirety by the testator, signed, and dated with the year, month, and day; the value of a lawyer's witnessing lies in procedural safeguards and evidence preservation, rather than a higher level of effectiveness. If there are flaws in the witnessing process (insufficient witnesses, failure to sign on every page), the will witnessed by a lawyer may be invalid, while a formally compliant handwritten will remains valid. The key issue is always whether all statutory requirements are met.

Q2: What should I pay attention to when printing a will and having a lawyer witness it?

There are four key points to note: The witnessing lawyers should be two in number and have no vested interests with any of the heirs; the testator and the witnessing lawyers should sign each page of the will and fully indicate the year, month, and day; the entire process should be recorded on video to document the testator's demeanor and expressions; and a written witnessing certificate should be issued and the draft retained. The requirement of signing each page is the most frequently overlooked aspect of printed wills and also the most common cause of litigation failures. Verifying each item during the drafting process can significantly reduce the risk of the will being declared invalid.

Q3: If the lawyer's witnessing of the will is deemed invalid, what should be done with the estate?

The invalid part of the will shall be handled in accordance with statutory inheritance or executed in accordance with other previously valid wills. The heirs may first negotiate the division and handle the registration; if the negotiation fails, an inheritance lawsuit shall be initiated, and the court shall review whether there are other valid wills and each heir's share. To avoid such a passive situation, when making a will, a professional lawyer should check the formal requirements, and if necessary, supplement it with notarization to form a double safeguard, so as not to leave the disputes to the next of kin after the testator's death.

Q4: After the implementation of the Civil Code, are notarized wills still given the highest priority?

It's no longer a priority. According to Article 1142 of the Civil Code, if there are several wills with conflicting contents, the latest will shall prevail, and the notarized will shall have the same legal effect as other forms. However, for legal facts involving notarized wills made before the implementation of the Civil Code, the rule that the notarized will takes precedence in the original Inheritance Law shall still apply. In cases involving old wills, it is necessary to first determine the time node of legal application, and then discuss the order of effectiveness.

Q5: How much does it cost to draw up a reliable will?

A self-written will costs almost nothing, but the requirements are the most stringent; the service fees for a lawyer's witnessing and notarization usually range from hundreds to thousands of yuan, subject to the quotations of the relevant institutions. Compared with the share disputes and litigation costs arising from the invalidation of a will under statutory inheritance, the formal compliance costs incurred during the drafting process are usually far lower than the cost of subsequent disputes. Families with complex property structures or strained family relationships should make arrangements in advance.

IV. Suggestions for Protecting Rights and Interests

  • For those who choose to have a lawyer draft or print their wills, it is essential to ensure that at least two unrelated witnesses are present throughout the entire process, from the drafting to the signing, and that none of the steps are omitted.
  • When printing a will, it is necessary to sign each page and fully indicate the year, month, and day. It is strictly prohibited to only sign the last page.
  • Synchronously record a video of the will-making process. For elderly or sick individuals, they can attach a current physical examination report or a certificate of mental status to prevent doubts about their legal capacity.
  • For wills involving large amounts of property such as real estate, inform the trusted custodian of the storage location and update it promptly after any changes to the property. This can be handled by Henglue Law Firm.\nLegacy Inheritance Lawyer TeamRegular inspections.

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 Yu Dayi·Beijing Henglue Law Firm