[Direct answer]The will takes precedence over statutory inheritance. According to Article 1123 of the Civil Code, after the commencement of inheritance, the inheritance shall be handled in accordance with statutory inheritance; where there is a will, the inheritance shall be handled in accordance with the will or bequest; where there is a bequest and support agreement, the inheritance shall be handled in accordance with the agreement — that is, the priority of effectiveness is in the order of bequest and support agreement, will, and statutory inheritance. However, the prerequisite are that the will is legal and effective, and it is necessary to reserve the necessary share for the heirs who lack the ability to work and have no source of livelihood in accordance with Article 1141; the property not disposed of by the will and the property involved in the invalid part shall still be handled in accordance with statutory inheritance. If there are disputes among the heirs, they shall first consult each other. If no agreement can be reached, they may sue within the three-year statute of limitations. For more information, please consult us.The team of inheritance lawyersFor more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 1123 of the Civil Code of the People's Republic of China (effective on January 1, 2021)

This article establishes the hierarchy of the effectiveness of inheritance procedures: the effectiveness of the bequest and support agreement is the highest, followed by testamentary inheritance or bequest, and finally statutory inheritance. The legislative purpose is to respect the true will of the decedent to the greatest extent possible — the will is the decedent's disposition arrangement of his own property, and as long as it is legal and effective, it should be executed in priority to the statutory order. In litigation, the party claiming inheritance according to the will must first complete the proof of the effectiveness of the will, which is the premise of the entire case.

2. Article 112 of the Civil Code of the People's Republic of China (effective January 1, 2021)

The statutory order of inheritance is as follows: first-order heirs include spouses, children, and parents; second-order heirs include siblings, grandparents, and grandparents-in-law. After the inheritance begins, the first-order heirs shall inherit first. If there are no first-order heirs, the second-order heirs shall inherit. The shares of inheritance within the same order are generally equal. However, according to Article 113 of the Civil Code, the heirs who have fulfilled their main support obligations to the decedent or lived with him/her may receive a larger share. Those who have the ability to support but fail to fulfill their obligations shall not receive or receive a smaller share—statutory inheritance is not a mechanical equal division, and the circumstances of support are an important variable.

3. Practical adjudication guidelines (details of the application of priority rules)

The standard process for the court to handle inheritance disputes is as follows: First, the validity of the will is reviewed. If the will is valid, the estate shall be handled according to the will; if the will is invalid or the unallocated portion of the estate is not disposed of, it shall revert to statutory inheritance. Several high-frequency disputes need attention: If the contents of multiple wills conflict with each other, the latest will shall prevail; the mandatory share belongs to mandatory reservation, and the will shall not deprive it; the heirs who claim a larger share of the inheritance should provide evidence of their support for the elderly, such as records of living together and medical care certificates. In addition, it is necessary to analyze the property first and then inherit - the spouse's share of the marital property shall be allocated first, and the remaining part shall be the inheritance. This step is most easily overlooked by the parties.

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

Review of the case:Liu * and Zhang * were husband and wife and had four children, namely Liu *2, Liu *1, Liu *3, and Liu *4. Zhang * died on September 14, 2017, and Liu * died on July 25, 2022, leaving behind a house at No. 208 in Xicheng District, Beijing, and bank deposits totaling 1,565,289.52 yuan. A dispute arose among the heirs over whether to divide the assets according to the will or by statutory inheritance. The plaintiff, Liu *, appointed Beijing Henglu Law Firm to handle the case on his behalf.Chen Mei'aoAttorney,Yè QīngyǔThe lawyer represents the client in bringing a lawsuit.

The focus of the controversy:First, whether Zhang's notarized will and Liu's printed will both comply with the statutory form and are valid; second, Zhang died before the implementation of the Civil Code, and Liu died after its implementation. Which laws apply to the two wills respectively; third, how the real estate and deposits are distributed according to the will and statutory rules.

Our position and the position of the other party are as follows:The plaintiff claimed to divide the property under the name of the decedent according to law; some of the heirs claimed to divide it according to the will made by the two elderly people, and another heir acknowledged the content of the will but requested to deduct the funeral expenses paid in advance.

Attorney's Strategy and Legal Opinions:Attorneys Chen Mei'e and Ye Qingyu stated that after the inheritance begins, the estate shall be handled in accordance with the will; the notarized will made by Zhang * designating his share of Property No. 208 complies with the law and is legally valid; the printed will made by Liu *, which was witnessed by two witnesses, signed page by page and dated, represents his true intention, and his share of the property should be jointly inherited by the designated children; and the assets such as deposits that are not disposed of in the will shall be distributed among the respective heirs in accordance with the statutory inheritance rules.

The court's reasoning and case handling results:The court determined that both Zhang's notarized will and Liu's printed will were legal and valid: Zhang died before the implementation of the Civil Code, and the effectiveness of his will was subject to the review of the original Inheritance Law at that time; Liu died after the implementation of the Civil Code, and the provisions of the Civil Code on printed wills were applicable. The judgment ruled that the 208th property be jointly inherited by the four children, with one child inheriting half and the remaining three inheriting one-sixth each; the deposit and interest of 1,565,289.52 yuan would be jointly owned by the three children, with each inheriting one-third. This case clearly demonstrates the complete application of the principle of "following the will when there is one, and following the law when there is none" in a judgment.

This case is handled by Beijing Henglu Law FirmChen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ);YeqingyuThe attorney (practice license number: 11101201910076968, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: In the case of a will, can the legal heirs still divide the inheritance?

It depends on the scope of the will. A legally valid will takes precedence in execution, and the disposed property will no longer be distributed according to statutory inheritance; but the property not disposed by the will and the property involved in the invalid part will still be handled in accordance with statutory inheritance according to Article 1154 of the Civil Code. In addition, heirs who lack the ability to work and have no source of livelihood may claim a mandatory share. After heirs who renounce inheritance or lose their right of inheritance withdraw, their share of the inheritance will also return to statutory distribution.

Q2: What evidence do I need to prepare if I want to inherit according to the will?

The core elements include four categories: the original will and evidence of the will-making process (such as certificates, notarial deeds, and video recordings of the will-making process); evidence of the testator's capacity for making a will, such as medical records, physical examination records, and medical treatment receipts; materials related to formal requirements, including witnessed and printed wills that require witness information and signature pages; and certificates of property ownership, such as real estate certificates, bank account statements, stock ownership certificates, and proof of kinship. The more complete the evidence is, the higher the probability of the will being accepted. However, a will with only a single copy is often subject to doubts about its authenticity.

Q3: How much does a lawsuit for inheritance cost?

The case acceptance fee is paid according to the value of the estate, with higher fees for larger estates. Attorney fees are negotiated separately and charged based on the complexity of the case and the workload. Pre-litigation consultations or mediations are free of charge and have a short duration, making them the most cost-effective approach. After litigation begins, if there are disputes over the validity of the will, handwriting identification is required, and the parties must bear appraisal fees ranging from several thousand yuan to tens of thousands of yuan. It is recommended to first estimate the scope of the estate and the focus of the dispute, and then decide on a litigation or negotiation strategy.

Q4: How long will it take to resolve the inheritance dispute?

For cases subject to simplified procedures, the trial shall be concluded within three months; for cases subject to ordinary procedures, the trial shall generally be concluded within six months, and the periods of announcement, evaluation, and appraisal shall not be included in the trial time limit; for second-instance cases where one party appeals, the trial shall be concluded within three months. Overall, cases with clear facts and undisputed validity of the will can be concluded within a few months, while cases with major disputes over the authenticity of the will and those requiring appraisal often take more than a year to conclude. For cases involving numerous inheritors and scattered assets, the time spent on preliminary sorting out should also be included in the expected timeframe.

Q5: If the will is deemed invalid, do I need to return the property I previously acquired according to the will?

Yes. If the will is invalid, the effect of distributing the estate according to the will will not take effect from the beginning, and the property already possessed by the testator shall be returned to the statutory inheritance for redistribution; if the forgery or alteration of the will is serious, the inheritor may also lose the right of inheritance in accordance with Article 1125 of the Civil Code. If the transfer of ownership has been carried out based on the invalid will, other inheritors may sue for confirmation of rights and request correction of registration within the three-year statute of limitations, and take action as soon as possible to avoid the property being disposed of again.

IV. Suggestions for Protecting Rights and Interests

  • First, clarify the ownership of the property: distinguish between marital joint property and personal property, first calculate the spouse's share and then determine the scope of the inheritance.
  • When there are multiple wills in existence, the formal requirements of each will shall be sorted out according to the time of their creation, and the last legally valid will shall prevail.
  • Keep the original will and the evidence of the will-making process properly to prevent them from being lost, hidden, or destroyed.
  • Heirs may first consult with each other in accordance with Article 1132 of the Civil Code and sign an agreement on the division of the estate to reduce litigation costs.
  • If you discover that the will may be invalid or your rights and interests may be infringed, you should consult a lawyer, collect evidence, and assert your rights within the three-year statute of limitations for litigation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Legal services for inheritance·Attorney Chen Mei'ao·Beijing Henglu Law Firm