[Direct answer]After the implementation of the Civil Code, there is no difference in legal validity between notarized wills and wills witnessed by lawyers. According to Article 1142, if there are several wills with conflicting contents, the latest will shall prevail—since January 1, 2021, notarized wills no longer enjoy priority validity as they did in the era of the original Inheritance Law. Wills witnessed by lawyers are not independent forms of wills, but essentially are notarized testamentary wills or printed wills. As long as they meet the formal requirements of Articles 1135 and 1136, their validity is equal to that of notarized wills. The key to choosing lies not in the formal hierarchy, but in procedural norms and evidence preservation. Note that different priority rules apply to wills made before and after January 1, 2021, and the statute of limitations for litigation disputes is three years. For more information, please consult a lawyer.\nLegacy Inheritance Lawyer Team，详见Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

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

A notarized will is handled by the testator through a notary office. The notarization process includes the testator's personal appearance, verification of identity and capacity for action, preparation of a conversation transcript, and archiving of the will text. Its file system makes the authenticity and time-point identification more reliable, and its evidentiary value is generally strong in practice. However, the strength of notarization lies in procedural evidence, not in the hierarchy of legal effect—this article only stipulates the handling method and does not grant notarized wills a higher status than other forms.

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

The testator may revoke or modify the will he or she has made; if the testator performs a civil legal act contrary to the content of the will after making the will, it shall be deemed as a revocation of the relevant content of the will; if there are several wills with conflicting contents, the latest will shall prevail. This article completely changes the priority rule of Article 20 of the original Inheritance Law that "the self-written, proxy-written, audio-recorded, and oral wills cannot revoke or modify the notarized wills", and henceforth, any legally formed subsequent will can overturn the prior notarized will.

3. Practical adjudication guidelines (the time boundary between the old and new rules)

The court applies the law as of January 1, 2021: If the inheritance begins before the implementation of the new law, it will still be reviewed according to the original Inheritance Law, with priority given to notarized wills; if the inheritance begins after the implementation of the new law, the final legal will shall prevail in all cases. The main reasons for lawyers losing cases in will-witnessing are procedural flaws in the witnessing process—insufficient witnesses, failure to sign and date each page of the will, and the existence of a conflict of interest between the witnesses and the heirs; while notarized wills are often overturned due to doubts about the testator's capacity for action or the authenticity of the will being disproved by appraisal. Both types of wills have their own risks, and the dispute over their validity ultimately boils down to a battle of evidence.

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

Review of the case:Wang Zhiguo and Zhang Hua were husband and wife, and they purchased House No. 201 in Changping District, Beijing during their marriage. On February 6, 2002, the couple went to the notary office together to make notarized wills, agreeing that Wang Li, their daughter, would inherit their share of the house, on the condition that Wang Li would pay 100,000 yuan to their son, Wang Ming, in one go. Wang Zhiguo died on November 26, 2004, and Zhang Hua died on May 28, 2007. Wang Ming died on February 26, 2019. His son, Wang Gang, sued as the plaintiff, claiming that Zhang Hua had made a handwritten will on May 1, 2006, which invalidated the notarized will and left the entire house to Wang Ming, demanding to inherit the house. Wang Li entrusted Beijing Henglu Law Firm to handle the case.Zhu GuiyingThe lawyer appeared in court to defend the defendant.

The focus of the controversy:First, when there is a conflict of validity between the notarized will of 2002 and the self-written will of 2006, which one takes precedence? Second, can Zhang Hua unilaterally change the share of the deceased spouse in the couple's jointly owned property? Third, does Wang Li have the qualification to inherit?

Our position and that of the other party are as follows:Wang Gang, citing the handwritten will he made later, demanded to inherit the house and submitted the receipt of the 60,000 yuan compensation payment from Wang Li to claim that the content of the will had been amended; Wang Li agreed to fulfill the payment obligation according to the notarized will in 2002 and then inherit the house, and entrusted a lawyer to safeguard her legitimate inheritance rights.

Attorney's Strategy and Legal Opinion:Attorney Zhu Guiying argued that the inheritance in this case occurred before the implementation of the Civil Code, and the original Inheritance Law should be applied. According to Article 20 of the Inheritance Law, a handwritten will cannot revoke or modify a notarized will. Therefore, the 2006 handwritten will cannot override the 2002 notarized will. Moreover, since Wang Zhiguo died before Zhang Hua, Zhang Hua had no right to unilaterally change Wang Zhiguo's share. According to Article 21 of the Inheritance Law, Wang Li explicitly stated in court that she would fulfill the obligation to pay 100,000 yuan and legally enjoy the right of inheritance. The 60,000 yuan receipt was actually the distribution and compensation for the original housing demolition benefits in 1997, which had nothing to do with the modification of the will.

The court's reasoning and case handling results:The court adopted the lawyer's opinion and determined that the original Inheritance Law applies to this case. The notarized will of 2002 is legal and valid, and its effectiveness takes precedence. The self-written will of 2006 cannot revoke or modify the notarized will. Wang Li agreed to fulfill the obligations in court and is eligible for inheritance. The judgment dismissed all the claims of the plaintiff, Wang Gang, and the litigation costs of 11,000 yuan shall be borne by him. It should be noted that the priority rule for notarized wills has been abolished after the implementation of the Civil Code. This case applies the old rules because the legal facts occurred before its implementation, and the time division has a significant impact on the outcome.

This case is handled by Beijing Henglu Law Firm.Zhu GuijingThe attorney (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: What type of will is a lawyer's witnessed will in legal terms?

The lawyer's witnessing is not an independent form of will. If the will text is written by the witnessing lawyer on behalf of the testator, it is a will written by a proxy; if it is a printed text, it is a printed will. Both must be witnessed by two or more witnesses, and the testator and witnesses must sign each page and indicate the year, month, and day. The lawyer's witnessing certificate can strengthen the evidence of the process, but it cannot replace the statutory formal requirements - the absence of a witness or the omission of a signature on a page may render the entire will invalid.

Q2: If there are multiple wills with conflicting content in the family, how can we determine which one should prevail?

First, let's look at the time division: For inheritances that occurred after January 1, 2021, Article 1142 of the Civil Code stipulates that the latest valid will shall prevail; for those before that date, the original Inheritance Law shall apply, with notarized wills taking precedence over handwritten and proxy wills, etc. Regarding evidence, it is necessary to confirm the date and formal requirements of each will: date and handwriting, witness materials, and notarization archives. If necessary, an appraisal may be requested. If the subsequent will has formal defects, it may still be replaced by the previous will, and the later will is not necessarily valid just because it was signed later.

Q3: How much does it cost and how long does it take to obtain a notarized will?

Notarization fees typically range from hundreds of yuan to over a thousand yuan, with some notary offices charging higher fees based on the value of the property involved, subject to local public disclosure standards. The process requires the applicant to appear in person, undergo identity verification, capacity assessment, and interview transcripts, etc. The notarization certificate is usually issued within several working days to one month. For the elderly, the infirm, or those with mobility issues, they can apply for on-site notarization services. Compared with litigation remedies, notarization is a low-cost and highly reliable preventive measure.

Q4: What are the common reasons why a lawyer's witnessing of a will is deemed invalid by the court?

The reasons for high frequency include: less than two witnesses or witnesses leaving midway; the testator and witnesses failing to sign on each page and failing to indicate the date; the witnesses having an interest in the inheritors and losing their qualification to witness; and the testator's capacity to act being questioned without leaving evidence during the witnessing process. To remedy this, one can submit on-site videos, lawyers' interview transcripts, and hospital records to prove that the procedures are standard and the intentions are true. The determination of invalidity is not necessarily final, but prevention should still be the main approach.

Q5: For ordinary people making a will, is it more appropriate to choose notarization or lawyer's witnessing?

The two methods are equally effective, and you can choose according to your needs: if the property structure is clear and only the authority needs to keep the files, the notarization process is mature and the cost is low, which is a safe option; if the property type is complex (equity, overseas assets), the family relationship is diverse, and you need the supporting services of will execution and custody, the lawyer's witnessing can provide solution design and long-term custody. No matter which one you choose, it is essential to keep the video recording of the day of signing and the proof of capacity for action, and update it regularly, which is the fundamental way to reduce disputes.

IV. Suggestions for Protecting Rights and Interests

  • First, confirm the time of inheritance: Before and after January 1, 2021, two sets of rules, namely "the last will shall prevail" and "the notarized will shall take precedence", are applied respectively.
  • Whether it's notarization or witnessing by a lawyer, video recordings and medical examination records on the day of signing are all preserved to prevent doubts about the capacity for action and the authenticity of the document.
  • When making a new will, it is necessary to explicitly state in the document that all previous wills are revoked, in order to avoid conflicts between multiple wills.
  • For cases where a lawyer is chosen to witness the signing, it is necessary to verify that more than two unrelated witnesses are present and sign each page of the contract, indicating the complete date on each page.
  • When there is a dispute over the validity of a will, it is necessary to sort out the timeline and formal requirements of each will and consult a professional lawyer within the three-year statute of limitations for litigation.

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 Zhu Guiying·Beijing Henglu Law Firm