[Direct answer]If there are suspicions about the authenticity of the will, the party involved should apply to the court for a handwriting identification in the inheritance litigation. The court will either appoint an identification institution through consultation between the parties or by itself, and compare the signature on the will with the other contemporaneous handwriting of the decedent. According to Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (effective as of April 10, 2022), the party claiming that the will is false bears the burden of proof for the disputed facts. In cases involving the form and validity of the will, the parties may first resolve the disputes through other means such as mediation or arbitration.Legal services for inheritance and family property divisionEvaluation, or visitBeijing Henglue Law FirmConsultation.

I. Problem Background and Typical Scenarios

Objections to the authenticity of a will are a common point of contention in inheritance litigation. Common scenarios include: a handwritten will with only some pages signed, where the heirs question whether it was written by them; a printed will with questionable witness identities and unsigned pages; medical records showing that the decedent was hospitalized before and after making the will, with one party claiming that they lacked capacity; and will content that clearly contradicts the decedent's previous expressions, where the heirs suspect coercion or forgery. Such disputes are difficult to substantiate solely through verbal denials. It is necessary to conduct handwriting analysis, witness investigations, and provide evidence of capacity to form a closed loop in order to challenge the validity of the will.

II. Key points of contention

The disputes over the authenticity of wills focus on four aspects. Firstly, the comparison of the testamentary materials and the samples: whether the samples are the heir's own handwriting and whether the time is close, which directly determines the validity of the comparison. Secondly, the formal requirements: a handwritten will must be written by the heir himself, signed, and dated; a printed will must be signed on each page and witnessed by more than two witnesses. The formal defects themselves can lead to its invalidity. Thirdly, the capacity for action: the opposing party often claims that the testator lacks the capacity for action based on the medical records, and it is necessary to refute this with evidence from around the time of making the will. Fourthly, the witnesses' interests: if the witnesses have an interest in the inheritance, although it does not necessarily lead to the invalidity of the will, it will affect the panel's judgment. It is recommended to follow up on this if necessary.Special services and other case services.

III. Professional analysis by Henglue Lawyers

In disputes over the authenticity of wills, Henglue Lawyers focus on establishing the effectiveness of the will through appraisal and evidence chains. Taking a typical case that has been anonymized as an example: The inheritor made a self-written will to transfer the house to his spouse for inheritance with the condition of making a payment. Some inheritors questioned the validity of the will. The attorney, on the one hand, provided evidence that the self-written will was in complete form and claimed that it was legally valid in accordance with Article 1134 of the Civil Code of the People's Republic of China (effective from January 1, 2021); on the other hand, when the opposing party raised objections about the testator's capacity for action and witnesses, the attorney used the medical certificate issued shortly after the making of the will and the evidence of the signing process to refute these objections, and used the consistency of the handwriting to consolidate the true intention. In the end, the court adopted the attorney's opinion and ruled that the will was valid. In such cases, the combination of appraisal and evidence of capacity for action is the key to victory or defeat.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that wills made by individuals with no or limited civil capacity are invalid. Wills made under fraud or coercion are invalid, and forged wills are invalid, with any altered content also deemed invalid. Articles 1143 and 1136 stipulate the formal requirements for handwritten and printed wills. Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China establishes the principle of "he who asserts a claim shall bear the burden of proof," and Article 91 allocates the burden of proof. At the practical advice level: If there are suspicions of forgery, apply for appraisal as soon as possible and prepare sufficient samples; the party claiming validity should preserve the video of the will-making process, the witness information, and the physical examination materials; promptly fix any formal defects to avoid being passive in court hearings; and for real estate-related matters, consider the pace of appraisal and liquidation simultaneously.

5. Henglu Law Firm's Reminder

The success or failure of challenging the authenticity of a will depends on evidence, not emotions. The party raising objections should avoid merely denying it verbally without applying for an appraisal; while the party claiming the validity of the will should provide proof of the formal requirements, the authenticity of the signature, and the testator's capacity for action all at once. Standardized procedures when making a will (such as writing and signing it by hand with a date, having witnesses sign each page of the printed will, and keeping video and medical examination records) can reduce disputes at the source. If there are suspicions about the forgery of a will, it is recommended to consult a professional lawyer as soon as possible and complete the application for appraisal and the preparation of samples within the statutory period for providing evidence.

This case is handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent

VI. Frequently Asked Questions

Q1: If I suspect that the will is forged, how can I apply for a handwriting analysis?

An application for appraisal should be submitted to the accepting court in a succession lawsuit, stating the specific matters of objection (such as the signature not being written by the person himself, and the content not being in his own handwriting). The parties shall consult to select or the court shall appoint a qualified appraisal institution. It is necessary to provide comparable authentic samples of the decedent written with the same writing tools at the same time (such as bank signatures, diaries, and pre-death documents). The more comprehensive the samples are, the more reliable the conclusion will be. After the court organizes cross-examination, it will entrust the appraisal, and the appraisal conclusion will serve as a key piece of evidence for determining the authenticity of the will. The applicant usually needs to prepay the appraisal fees, and the court will ultimately share the responsibility. The relevant procedures can be combined with other procedures.Creditor-debtor relations and enforcement case servicesThe experience of providing evidence in court cases in China.

Q2: At what stage should an application for a will appraisal be submitted?

Generally, it should be raised within the time limit for providing evidence in the first instance, and at the latest before the end of the court debate, so as to facilitate the court in arranging the entrustment and cross-examination. If it is raised in the second instance, the court will decide whether to allow it or send it back for supplementary appraisal according to the circumstances. Raising it as early as possible is helpful for fixing the samples and avoiding the loss of the heir's handwriting at the same period. It should be noted that if the court suspects it but does not apply for appraisal, or if the party still refuses to pay the fees after being explained, the court may not accept the objection. For large-value inheritances such as houses, appraisal and evaluation are often carried out in parallel. It is recommended to plan the order of providing evidence and appraisal together with the help of a lawyer, and to refer to it when necessary.Real estate sales and construction project servicesThe disposal arrangements for it.

Q3: How does Henglu Law Firm help clients overturn or preserve a will?

For the dissenting party, the lawyer systematically collects the heir's authentic handwriting samples from the same period, materials on the heir's medical treatment and mental state before and after making the will, and evidence of flaws in the witnessing process. The lawyer promptly applies for handwriting identification and points out the lack of formal requirements, such as the unsigned printed will or unqualified witnesses. For the party claiming that the will is valid, the lawyer proves the legality based on the formal requirements of Articles 1134 and 1136 of the Civil Code, submits the video of making the will, medical reports, and witness testimonies to refute the objection to the heir's capacity for action, and confirms the authenticity of the signature with the identification conclusion. Both parties should organize their claims around the evidence and, if necessary, provide supporting evidence.Special services and other case services\n, demonstrate the three aspects of authenticity, form, and behavioral competence together.

Q4: Can the inheritance be divided before the appraisal results are out?

In principle, the division of the estate should be carried out after the effectiveness of the will and the appraisal conclusion are clarified, to avoid difficulties in reversing the erroneous distribution. In practice, if there are no disputes over some of the estate and all parties agree, the uncontested part can be dealt with through consultation first; for disputed houses, deposits, etc., the court usually suspends the relevant division and awaits the appraisal conclusion, or determines the effectiveness together with the distribution in the judgment. If you are worried that the other party may transfer assets, you can apply for property preservation in the litigation and seize or freeze the relevant assets. The period of appraisal and evaluation will not be included in the time limit for trial, so the time limit will be extended accordingly. It is recommended to proceed with both property preservation and appraisal to ensure that the future judgment can be enforced. For related enforcement matters, you can refer to the services of creditor-debtor and enforcement cases.

Q5: What are the key differences between the appraisal of a handwritten will and that of a printed will?

According to Article 1134 of the Civil Code, a handwritten will must be written, signed, and dated by the testator in their own handwriting. The focus of the appraisal is on the consistency of the testator's handwriting and signature throughout the document, as well as their writing habits and coherence, including whether all the content is written by them. For a printed will, according to Article 1136, it must be witnessed by two or more witnesses. The testator and witnesses should sign each page and date it. In addition to verifying the authenticity of their signatures, the appraisal also checks whether all the signatures on the pages are complete, whether the witnesses' signatures are genuine, and whether there is a possibility of replacing pages. Both types of wills require a thorough comparison with the sample; printed wills also involve additional review of the witnessing form, making it easier to determine their invalidity due to formal defects.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Inheritance legal services·Attorney Yuan Hang·Beijing Henglu Law Firm