[Direct answer]In the Beijing area, according to Article 1136 of the Civil Code of the People's Republic of China, when printing a will, there must be at least two witnesses present to witness it. The testator and the witnesses shall sign each page of the will and indicate the year, month, and day. Any missing element may be deemed invalid. If the contents of multiple wills conflict, the latest will shall prevail according to Article 1142 of the Civil Code; however, notarized wills made before the implementation of the Civil Code (before January 1, 2021) shall still apply the original rule that notarized wills take precedence over self-written wills. Subsequently written self-written wills cannot revoke notarized wills. For more details, please refer to the following link:Legal services for inheritance and division of family assets.

I. Problem Background and Typical Scenarios

With the popularity of computer printing, more and more elderly people choose to print wills to dispose of their property, which has led to a significant increase in disputes over inheritance of wills. Typical scenarios include: the elderly cannot write, and someone else prints the will for them, after which they only sign it without indicating the date or lacking witnesses; children question the authenticity of the printed will and claim that it is forged; the decedent successively made several notarized wills, handwritten wills, and printed wills, with conflicting contents, and the heirs argue over which one is valid; in the case of a will with obligations, whether the donee fulfills the obligation to pay directly affects the right of inheritance. Such disputes involve not only the review of the formal requirements of the will, but also the order of effectiveness of multiple wills. Improper handling can easily lead to the failure of estate distribution. For related extended issues, please refer to the following content:Legal services for real estate transactions and construction projectsThe approach to determining ownership rights in China.

II. Key points of contention

  • Is the formal requirement complete? Printing a will imposes extremely strict requirements on the number of witnesses, signing each page, and indicating the date. Any omission may become a loophole for a defense of invalidity, and the party with insufficient evidence often bears unfavorable consequences.
  • The priority of effect of multiple wills: After the implementation of the Civil Code, the priority of notarized wills is cancelled, and the last will shall prevail; however, notarized wills made before the implementation of the Civil Code still take precedence over subsequent self-written, proxy-written, and other wills. The time point directly determines the applicable rules.
  • The performance of a testament with attached obligations: Whether the donee expresses his/her willingness to perform the attached obligations is related to whether he/she obtains the right to receive the gift. The other party often raises the defense of non-performance, which needs to be judged in light of the expression of intention in court and the evidence.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a typical case of inheritance disputes involving wills, which can help understand the practical application of the above-mentioned rules. The decedents (hereinafter referred to as husband and wife) purchased a house in a certain district of Beijing after marriage, which was registered under the husband's name and belonged to their marital joint property. The couple once went to the notary office together to make a notarized will, stipulating that their respective shares of the property would be inherited by their daughter, with the daughter obligated to pay a certain compensation to the son; subsequently, the wife unilaterally made a self-written will, leaving the entire house to the son. The son's grandson (the plaintiff) sued to inherit the house based on the latter self-written will, and the daughter entrusted Henglue Law Firm to represent her in the defense, arguing that the law and the priority of the notarized will should be applied at that time. After comprehensively reviewing the evidence, the lawyer pointed out that the legal facts giving rise to the inheritance occurred before the implementation of the Civil Code, so the original "Inheritance Law of the People's Republic of China" should be applied. According to Article 20 of the law, self-written, proxy-written, audio-recorded, and oral wills cannot revoke or modify notarized wills. A later self-written will cannot revoke a previous notarized will, and since the husband had already passed away, the wife had no right to unilaterally change his share. The daughter stated in court that she was willing to fulfill the obligations attached to the will and thus qualified to inherit the property legally. The other party's claim about the transfer of funds was actually a distribution of other interests in the past and did not constitute a legal modification of the notarized will. The court adopted the lawyer's opinion, determining that the notarized will was legal and valid and that the self-written will could not revoke the notarized will. It rejected all the plaintiff's claims, and the plaintiff should bear all the litigation costs. If you are facing similar conflicts involving multiple wills, you can contact us for assistance.Attorney Zhu GuiyingEvaluate the rights protection plan.

IV. Practical suggestions and legal basis

At the legal basis level: Article 113 of the Civil Code (effective January 1, 2021) regulates the form of printed wills, Article 114 regulates self-written wills (written by hand, signed, and dated), Article 115 regulates notarized wills, and Article 116 establishes that the last will shall prevail and repeals the priority of notarized wills; Article 20 of the Inheritance Law of the People's Republic of China (applicable before the implementation of the Civil Code) stipulates that notarized wills shall have priority in effect. Article 42 of the former "Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China" also clearly stipulates that if the testator has made a notarized will before his death, the wills in other forms made thereafter shall not be revoked or modified. At the practical advice level: When making a will, it is recommended to prioritize notarization or lawyer's witnessing to ensure that the form is complete; when there are multiple wills, it is necessary to timely sort them out and clarify which one shall prevail; for wills with obligations, evidence of fulfilling the obligations should be preserved; if the other party claims rights based on a defective will, it is recommended to entrust a lawyer as soon as possible to fix the evidence and claim that the will is invalid in form or apply the correct legal rules. For the inheritance and transfer of real estate, it is recommended to consult a lawyer for professional advice.Special services and legal services for other casesThe docking process.

5. Henglu Law Firm's Advice

The core of disputes over inheritance by will is often about form and validity, rather than the true intentions of the decedent. Regardless of the form used, only those that meet the statutory requirements are enforceable. After the implementation of the Civil Code, the priority of notarized wills has been abolished. The testator can completely adjust the arrangements in the will according to the later time, but those who have made notarized wills before the implementation of the Civil Code are still subject to the priority rules of the original inheritance law. When encountering conflicts between multiple wills and disputes over the authenticity of printed wills, it is recommended to consult a professional inheritance lawyer as soon as possible to avoid missing the best window for providing evidence and filing a lawsuit. This case was handled by Beijing Henglue Law Firm.Zhu GuiyingThe lawyer (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acted on behalf of the client and, relying on the priority rules of the notarized will in inheritance law, successfully safeguarded the client's legitimate right of inheritance.

VI. Frequently Asked Questions

Q1: What legal requirements must be met for a printed will to be legally valid?

According to Article 1136 of the Civil Code, a printed will shall be witnessed by two or more witnesses. The testator and the witnesses shall sign each page of the will and indicate the year, month, and day. The lack of witnesses, the omission of signing on a certain page, or the absence or incomplete date may result in the will being deemed invalid due to formal defects. In addition, the witnesses must have full capacity for civil conduct and have no interest in the heirs or the donees. The testator should have full capacity for civil conduct and express his true intention when making the will. In practice, it is recommended that professional lawyers assist in arranging witnesses and fully preserving the evidence of the signing process to avoid disputes over authenticity in the future.

Q2: If the deceased has made multiple wills with conflicting contents, which one should prevail?

The key lies in the timing of the making of the will and the point of application of the law. Article 1142 of the Civil Code (effective January 1, 2021) clearly stipulates that if there are several wills with conflicting contents, the latest will shall prevail, and deletes the provision in the original Inheritance Law that prioritizes the effectiveness of notarized wills. However, if the legal facts giving rise to inheritance occur before the implementation of the Civil Code, Article 20 of the then-applicable Inheritance Law shall apply. Handwritten, proxy, audio, and oral wills cannot revoke or modify notarized wills. At this time, notarized wills still have priority. Therefore, the same family may apply different rules due to the timing of the making of the will across different legal periods. It is recommended to entrust a lawyer to clarify the timing of the occurrence of the facts and the application of the law first, and then determine which will is valid.

Q3: Which is more valid, a notarized will or a self-written will written later?

There are two scenarios. If the making of the will and the fact of inheritance both occurred before the implementation of the Civil Code, according to Article 20 of the original Inheritance Law, the notarized will takes precedence, and the self-written will cannot be revoked or amended. Even if the self-written will was written later, it cannot overturn the notarized will. If it occurred after the implementation of the Civil Code, according to Article 1142 of the Civil Code, the notarized will no longer takes precedence, and the last will shall prevail. The later self-written will can replace the earlier notarized will. In practice, it is also necessary to verify whether the will itself is authentic and whether there are situations of coercion or forgery. In this case, the facts occurred before the implementation of the Civil Code, so the notarized will prevailed. If the same situation occurred today, the result might be the opposite, highlighting the importance of clarifying the time points and the application of the law.

Q4: How can one minimize the chances of a will being deemed invalid?

First, choose the appropriate form and strictly meet the requirements: a handwritten will must be written, signed, and dated by the testator in person; a witnessed or printed will must be witnessed by two or more witnesses with no vested interests and signed and dated on each page; if the testator can make a will in another form after the emergency situation is resolved, the oral will will be invalidated. Second, ensure the testator's capacity for action and true intention of the will, and avoid making a will under coercion or in a state of mental confusion. Third, the content of the will must be legal, and a necessary share (mandatory share) must be reserved for heirs who lack the ability to work and have no source of income. Fourth, it is preferable to have important wills notarized, as notarized wills are the most reliable and easiest to prove. Fifth, after making the will, it is necessary to properly preserve the original, and when necessary, have a lawyer provide witnessing and safekeeping services to reduce the risk of disputes over authenticity.

Q5: After the implementation of the Civil Code, do notarized wills still have priority effect?

There's no longer such a rule. The priority effect of notarized wills stipulated in the original "Inheritance Law" has been abolished by the "Civil Code". According to Article 1142 of the "Civil Code", a testator may revoke or modify the will they have made; if there are several wills with conflicting contents, the latest will shall prevail. Notarized wills and other forms of wills are on an equal footing, and no longer enjoy priority due to their notarized nature. This means that even if a notarized will has been made first, if a subsequent handwritten or printed will with different contents is made, the latter will prevail. However, it should be noted that the revocation or modification of a will must still comply with legal formalities, and the revocation of a notarized will is usually more securely done by notarization or a new legal will. For matters involving major assets, it is recommended to seek assistance from a lawyer to coordinate matters to prevent loopholes in the transition between old and new wills.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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 Zhu Guiyin·Beijing Henglue Law Firm