[Direct answer]A video will is a form of legal will recognized by Article 1137 of the Civil Code of the People's Republic of China. To be valid, it must meet four requirements simultaneously: First, the testator must have full capacity for civil conduct when making the will, and his/her expression of intention must be genuine; Second, there must be two or more qualified witnesses present to witness the entire process; Third, the testator and the witnesses shall record their names or portraits, as well as the year, month and day in the audio-visual recording; Fourth, the content must not dispose of property that the testator has no right to dispose of, nor violate mandatory provisions of law. All four requirements are indispensable. In practice, a large number of mobile phone video wills have been deemed invalid because the witnesses were not qualified, the date was not reflected in the video, or the evidence was only provided in the form of a re-filmed video. For disputes over the making and validity of wills, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Legal services for inheritance and family property division.

1. Problem background and typical scenarios

When the elderly are in advanced age, bedridden, or suffer from sudden illnesses, their family members often record the elderly's opinions on the disposition of property and savings by video on their mobile phones, hoping to replace written wills with this method. It should be noted that before the implementation of the Civil Code of the People's Republic of China on January 1, 2021, video recordings were not recognized as a legal form of wills. Previous inheritance laws only recognized five types of wills: self-written, proxy-written, audio-recorded, oral, and notarized. After the implementation of the Civil Code, audio and video wills were officially included, and clear requirements were put forward for the formal elements. In practice, common invalid situations include: only the elderly's unilateral statements appear in the video, with no witnesses in the frame; the witnesses are interested parties such as children and daughters-in-law; the video does not mention the date from beginning to end; the original video files have been deleted, leaving only copies or chat-transferred files.

II. Key points of contention

  • Formality requirements: Whether there are more than two witnesses and whether they are present throughout the process. Whether the names or portraits of the testator and the witnesses, as well as the date, are clearly recorded in the video. It is acceptable for each witness to introduce themselves on camera and state the date, but this must be included in the video content. It will be difficult to make up for any omissions if the information is added later.
  • Witness qualifications: According to Article 114 of the Civil Code, persons with no capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the ability to act as witnesses, including heirs, legatees, and persons who have an interest in the heirs or legatees, are all ineligible to act as witnesses. Video wills witnessed by children or their spouses are usually deemed invalid as a result.
  • The authenticity and integrity of the carrier: Whether the original video is continuous and unedited, whether it is stored in the original device, and whether it can be corroborated with the backup directly affect the probative force; reshooting, transcoding, and extracting may all become targets of attack by the other party.

III. Professional analysis by Henglue Lawyers

In an inheritance dispute handled by Henglue Lawyers, one of the heirs simultaneously submitted a written will and a video of the elderly person saying "this house belongs to me", claiming sole inheritance of two properties. The other heirs entrusted Henglue Lawyers to defend against the claim. The lawyers systematically cross-examined the formal requirements: the three witnesses' testimonies on the time of making the will, the number of wills and their content were contradictory, failing to prove the testator's true intention; the video content was unclear, and the names or portraits of the testator and witnesses, as well as the date, were not recorded in accordance with Article 1137 of the Civil Code; the so-called oral will also did not meet the conditions for application in emergency situations. Both the first-instance court and the appellate court adopted the lawyers' opinions, determining that both the written will and the video will did not meet the statutory formalities, and the oral will was not established. All the estate was handled in accordance with the statutory inheritance. Conversely, in another dispute over the authenticity of a written will, the video of the will-making process was supported by audio and video evidence, and the witnesses and the executor's testimonies were consistent. The challengers failed to provide contrary evidence, and the court confirmed the authenticity of the will and handled the inheritance in accordance with the will. The comparison of the two cases shows that video and witness testimony may either establish a will or overturn it, the key lies in whether they strictly comply with the statutory requirements.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1137 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates the formal requirements for audio and video wills; Article 1140 stipulates the negative list of witness qualifications; Articles 1134 and 1135 respectively stipulate the essential elements of self-written wills and proxy wills; Article 1139 stipulates that notarized wills shall be handled by the testator through notary agencies; Article 1143 stipulates that wills made by persons with no or limited civil capacity, those made under fraud or coercion, and those forged or tampered with are invalid. Practical suggestions: Record the video in one go without editing; Start with the testator stating his/her name and the date; Have the witnesses introduce themselves one by one on camera; Use original equipment to save the original and make a backup copy to avoid relying on chat software for transfer; Have the witnesses record the witnessing process in writing and sign it; For the disposition of important assets, a notarized will can be used in addition to the video, and the overall plan can be implemented throughSpecial services and other case servicesFor consultation, you can also contact us viaBeijing Henglue Law FirmMake an appointment for an interview evaluation.

5. Henglue Law Firm's Reminder

The fact that a video will is "recorded" does not necessarily mean that it is "valid". Any flaw in the formal requirements may render the elderly's true intentions futile. It is better to make a will as early as possible, choosing a standard form recognized by the Civil Code and preserving a complete chain of evidence, so as to withstand the test of litigation. For a video will that has been questioned, the defense should focus on the qualifications of the witnesses, the integrity of the original carrier, and the completeness of the content. This case is handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

Q1: If I use my phone to casually film a video of an elderly person stating the ownership of their property, does that count as a will?

Not necessarily. After the implementation of the Civil Code, although a video will is a legal form, it must meet the requirements that there are two or more qualified witnesses present, and the testator and witnesses record their names or portraits and the date, etc. in the video. Casual video recordings usually lack qualified witnesses and do not reflect the date, and are just "last words" in the eyes of family members. It is difficult to recognize them as wills in law, and the estate may still be handled in accordance with statutory inheritance. If it is necessary to make a will by video, it should be recorded in accordance with the complete requirements of Article 1137 of the Civil Code at one time.

Q2: Can witnesses be children, daughters-in-law, or other relatives?

No. According to Article 1140 of the Civil Code, heirs, legatees, and people with a vested interest in the estate are not allowed to act as witnesses to the will. Children, spouses, daughters-in-law, etc. are usually prohibited from doing so; and people with no or limited civil capacity cannot act as witnesses either. It is advisable to choose a third party who has no vested interest in the distribution of the estate and who has full civil capacity as a witness, and have them present throughout the process and record it on video. Otherwise, there is a significant risk that the entire video will be deemed invalid.

Q3: There's no mention of the date in the video. Is there any way to rectify this?

Once a will is formed, formal defects generally cannot be rectified afterwards. It's difficult to change the situation that the video does not meet the statutory requirements at the time of its creation by recording additional footage or issuing a written explanation. Only in some cases can attempts be made to prove the exact time of the video's creation through device metadata or the testimony of witnesses present, but it's very difficult to gain acceptance in judicial practice. A safer approach is to re-draft the will in accordance with the statutory form or have the will notarized to avoid leaving disputes to family members.

Q4: Which is more reliable, a video will or a notarized will?

Both are legal forms recognized by the Civil Code. A notarized will is handled by a notary agency in accordance with established procedures, with strict formal review and complete archival preservation, minimizing the possibility of disputes over its authenticity and procedural compliance. A video will is flexible and convenient, but it has higher requirements for the recording process, the qualifications of witnesses, and the management of storage media. Any omission at any stage could prove fatal. For the disposition of important assets, it is recommended to prioritize notarization or seek assistance from a lawyer to draft a legally compliant document. Regardless of the form chosen, it is essential to ensure that the content is clear, the date is clearly marked, and the original document is properly preserved.

Q5: What should I do if I suspect that the video will of the deceased submitted by the other party is staged or edited?

The cross-examination can be conducted from three aspects: First, require the other party to present the original carrier and check whether the video is continuous and unedited. If necessary, apply for a technical appraisal of the integrity and whether the sound and images have been edited; Second, review the identity of the witnesses and their appearance in court. If the witnesses have an interest in the heirs or refuse to appear in court without a valid reason, argue that the evidence should not be admitted; Third, compare the deceased's medical records with their daily state and, if necessary, apply for a professional evaluation of their capacity to make a will. If any evidence of forgery is found, it can be argued in accordance with the law that the will is invalid and corresponding responsibilities should be investigated and pursued.

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. →Legal services for inheritance·Attorney Li Yonghui·Beijing Henglu Law Firm