[Direct answer]When the validity of a will is in dispute, the litigation should be organized around three aspects: the formal requirements of the will, the testator's capacity for making a will, and the authenticity of the will. According to Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021), a will made by a person without capacity for action, or a will that is fraudulently coerced, forged, or tampered with, is invalid; Article 1142 stipulates that if the contents of several wills conflict with each other, the latest will shall prevail. It is recommended to first go through the following procedures:Legal services for inheritance and family property divisionEvaluate the litigation path, or visitBeijing Henglue Law FirmConsult a professional lawyer.

1. Problem background and typical scenarios

The dispute over the validity of a will is the core battlefield of inheritance litigation, often triggered by complex family structures and large amounts of property. Typical scenarios include: stepchildren and biological children in reconstituted families having different opinions on the validity of a joint will of the couple; the deceased having multiple wills with conflicting contents, leading heirs to compete for the "last one"; one party claiming that the testator was mentally incapacitated due to illness or mental disorders; doubts about the identity or signature of the witnesses to the printed will; and disputes over whether the legatee accepted the inheritance within the statutory time limit. The outcome of such cases depends on the strength of the evidence regarding form, capacity, and authenticity.

II. Key points of dispute

The disputes in the litigation over the validity of wills focus on four aspects. First, formal requirements: a handwritten will must be written by the testator himself, signed and dated; a printed will must be signed on each page and witnessed by two or more witnesses; and there are statutory requirements for oral and audio-visual wills. Any formal defects may result in the will being invalid. Second, capacity for action: the opposing party often claims that the testator lacked capacity for action based on medical records, and it is necessary to refute this with evidence of the testator's capacity at the time of making the will. Third, authenticity: whether the signature is written by the testator himself, or whether it has been forged or tampered with, often requires handwriting identification. Fourth, conflicts between multiple wills: in the event of conflicting contents, the latest will shall prevail, but all wills must be legal and valid. For complex assets, follow-up procedures may be necessary.Special services and other case services.

III. Professional analysis by Henglue Law Firm

When handling disputes over the validity of wills, Henglue Lawyers often proceed on two parallel tracks: gathering evidence and analyzing legal requirements. Taking a typical case that has been anonymized as an example: In a reconstituted family, the heir and his spouse jointly drafted a will, designating the marital house to be inherited by their stepchildren. The biological children challenged the formal defects of the will, the witnesses' interests in the case, and the testator's capacity for making a will. The attorney representing the client strictly adhered to the formal requirements of a handwritten will as stipulated in Article 1134 of the Civil Code of the People's Republic of China (effective January 1, 2021), obtained a judicial appraisal confirming the authenticity of the signature, and used a medical certificate issued shortly after the will was made to refute the objection about the testator's capacity for making a will. The attorney clarified that a handwritten will does not necessarily require a witness. Ultimately, the court confirmed the validity of the will and supported the inheritance of the house according to the will. In such cases, the combination of formal requirements and evidence of capacity for making a will is the key to victory.

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) lists the circumstances under which a will is invalid; Articles 1133 to 1139 respectively stipulate various forms of wills; Article 1142 establishes that the latest will shall prevail among several wills and the rules for revoking a will; Article 1124 defines that the donee shall make an acceptance within 60 days after knowing that he/she has been bequeathed. At the practical advice level: The party who doubts the validity of the will should apply for appraisal as soon as possible and prepare sufficient comparison samples; The party who claims that the will is valid should keep the video of making the will, the information of the witnesses, and the medical examination materials; Sort out the formation time of all wills and fix the originals; For real estate-related matters, the parties should plan the appraisal and transfer of ownership simultaneously, and refer to relevant documents when necessary.Creditor-debtor relations and enforcement case servicesAdvance the implementation.

5. Henglu Law Firm's Advice

The essence of disputes over the validity of wills is a battle of evidence. Standardizing the process of making a will can reduce disputes at the source: writing and signing a self-written will with a date, signing each page of a printed will with a qualified witness, and keeping a video of the will-making process and medical examination materials. In litigation, the party claiming the validity of the will must prove the form, authenticity, and capacity for action simultaneously; the opposing party should appraise and fix the samples as soon as possible. When several wills coexist, it is necessary to clarify the chronological order and the fact of withdrawal to avoid claiming equal distribution based on intuition and ignoring the rule that "the last will prevails".

This case is handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice certificate number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent

VI. Frequently Asked Questions

Q1: If there is a dispute over the validity of the will, who should be sued and how to file a lawsuit?

The inheritor who disputes the validity of the will and has an interest in the inheritance shall be the subject of the litigation. Those who claim that the will is valid may list the inheritors who deny the validity of the will and possess the inheritance as defendants, and request to confirm the validity of the will and inherit according to the will; those who deny the validity of the will may request to confirm the invalidity of the will and divide the inheritance according to the statutory inheritance. When filing a case, the inheritor shall submit the death certificate of the decedent, the certificate of kinship, the original will, the property ownership certificate and the bank statement, etc., and specify the specific inheritance request and share. The jurisdictional court shall be the court of the decedent's residence or the main location of the inheritance at the time of the decedent's death. For real estate-related matters, the court of the location of the real estate shall generally have jurisdiction.

Q2: If the contents of several wills conflict with each other, which one should prevail?

According to Article 1142 of the Civil Code, a testator may revoke or amend the will he or she has made. If there are several wills with conflicting contents, the latest will shall prevail. It is necessary to emphasize two prerequisites: First, all conflicting wills must comply with the statutory formal requirements. Those that are formally invalid cannot automatically be considered the "latest will". Second, civil legal acts performed after the making of the will that are contrary to the contents of the will shall be deemed as a revocation of the relevant contents. Therefore, those who claim to inherit according to a certain will must not only prove that the will is legally valid and authentic, but also prove that there is no later and valid will or revocation act. It is recommended to sort out the formation time of all wills and keep the originals.

Q3: How does Henglu Law Firm handle cases involving disputes over the validity of wills?

The common approaches taken by Henglue Lawyers include: First, strictly adhering to the statutory requirements of the corresponding will form (such as the handwritten signature and date on a self-written will, and the page-by-page signature and witnesses on a printed will), to lay a solid foundation for the effectiveness of the will from the perspective of formal legality; Second, applying for handwriting identification for disputes over the authenticity of signatures, and confirming that the signatures were written by the testator based on the identification conclusion; Third, addressing objections to the testator's capacity for action by obtaining medical examinations, disease certificates, and videos from around the time of testamentary disposition to prove that the testator had normal decision-making capacity; Fourth, clarifying whether the objections to the witnesses' interests and other doubts affect the statutory form. When there are multiple wills, further argue that the latest will shall prevail. If necessary, provide follow-up legal services.Real estate sales and construction project servicesHandle the transfer of ownership and the liquidation of the house.

Q4: What is the difference between printing a will and determining the validity of a self-written will?

According to Article 1134 of the Civil Code, a handwritten will must be written, signed, and dated by the testator himself. It is valid without the presence of witnesses. The focus of the appraisal is on the consistency of the handwriting throughout the entire document. According to Article 1136 of the Civil Code, a printed will requires the presence of at least two witnesses. The testator and the witnesses shall sign each page of the will and date it. The form is one of the essential requirements for the will to take effect. The lack of page-by-page signatures or unqualified witnesses may result in the will being invalid. Both types of wills require the testator to have the capacity for civil conduct and to express his true intention. Due to the additional requirement of witnesses for printed wills, the procedural norms are more sensitive. In practice, cases where the lack of page-by-page signatures or the witnesses' interest conflicts are questioned are more common.

Q5: If the other party says that the testator lacks legal capacity, how can I refute this claim?

The rebuttal should organize evidence around the testator's capacity to make a will at the time of testament making: submit medical examination reports and disease certificates before and after the testament making, to prove that the testator was of clear consciousness and able to express his/her wishes correctly at that time; provide audio and video recordings of the testament making process, showing that the testator's expression was coherent and voluntary; and, if necessary, apply for an appraisal or summon witnesses to testify about their mental state. According to Article 1143 of the Civil Code, a will made by a person with no or limited capacity for civil conduct is invalid, but the party claiming invalidity needs to provide evidence to prove that the testator lacked the capacity at the time of testament making. If there are only medical records from different years with weak relevance to the time of testament making, it is difficult to deny the validity of the will. Courts usually take professional opinions and the specific circumstances at the time of testament making as the basis, rather than general medical records.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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