[Direct answer]In the Beijing area, when there is a conflict between statutory inheritance and testamentary inheritance, the legal effect of testamentary inheritance is higher. According to Article 1123 of the Civil Code of the People's Republic of China (effective January 1, 2021), after the commencement of inheritance, if there is a will, the inheritance or bequest shall be handled in accordance with the will; if there is no will, the inheritance shall be handled in accordance with statutory inheritance. That is to say, the will is the testator's autonomous disposition of personal property and takes precedence over the default rules of statutory inheritance. However, the will is not absolutely prioritized: Firstly, the will can only dispose of the testator's personal legal property. The couple's joint property must first be allocated to the spouse's share according to Article 1153; Secondly, the will must comply with statutory form and substantive requirements. If the requirements are lacking, it may be deemed invalid, and the corresponding property shall still be handled in accordance with statutory inheritance; Thirdly, the inheritor who lacks working capacity and has no source of livelihood shall retain the necessary share (Article 1141). If there are disputes over testamentary capacity and share, it is recommended to consult a professional lawyer as soon as possible to clarify them.

1. Problem background and typical scenarios

In disputes over inheritance and family property division, the question of which has higher legal effect between a will and statutory inheritance is one of the most common concerns among families. Typical scenarios include: parents making a handwritten will to leave property to a certain child, while other children claim equal division; the deceased having made multiple wills at different times, and family members not knowing which one to follow; one party claiming that the will is invalid due to the testator's poor mental state at the time or the invalidity of the marriage, and demanding that all property be inherited according to statutory inheritance; and disputes over whether stepchildren and stepparents have inheritance rights in reconstituted families. Such disputes involve not only the determination of the validity of the will, but also the boundaries of marital joint property and the scope of heirs. If handled improperly, they are prone to trigger multiple lawsuits. For more background information, please refer toLegal services for inheritance and family property division.

II. Key points of contention

  • Determination of the validity of a will: Whether a handwritten will, a will written by a proxy, or a printed will meets the statutory formal requirements, whether the testator has full capacity for civil conduct, and whether the expression of intention is genuine directly determine whether the will can prevail over statutory inheritance.
  • Dividing the jointly owned property of a couple: If the house and deposits disposed of in the will belong to the jointly owned property of the couple, the spouse's share must first be divided in accordance with Article 1153 of the Civil Code. The will is only valid for the personal portion of the decedent, and the excess disposition is invalid.
  • The scope of heirs and the issue of multiple shares: Whether stepchildren form a fostering relationship, and whether those who live with the decedent and fulfill their main support obligations can receive a larger share, often become the core of disputes over the legal inheritance share.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a complex dispute involving the intertwining of testamentary succession and statutory succession: The decedent (hereinafter referred to as "A") signed a self-written will before his death, leaving his two houses to his parents and spouse respectively. After A's death, his parents claimed that A suffered from mental illness and had an invalid marriage, and therefore all his property should be inherited by them according to statutory succession, demanding the division of the two houses, funeral expenses, and insurance compensation, with the total value exceeding one million yuan. The spouse entrusted lawyers from Beijing Henglue Law Firm to defend against the claim. The lawyers focused on three key arguments: First, the marriage was legal and valid, and the children born before the spouse's remarriage also formed a guardianship relationship with A and were eligible as heirs; Second, the joint property acquired during the marriage should first be allocated to the spouse's share, and the will only disposed of A's personal assets; Third, regarding testamentary capacity, in the absence of professional appraisal findings to the contrary, the will should be respected. The court ultimately ruled that the two houses should be inherited by the parents and spouse respectively according to the will, and the remaining deposits, pensions, enterprise annuities, and provident funds should first be allocated to the spouse's share and then divided according to statutory succession. Additionally, A's parents were awarded a higher share due to their greater care and support for A during his lifetime. This case demonstrates that the priority of the will relies on the will being legal and having a correct scope of disposition. Dispositions exceeding personal assets cannot override statutory succession rights. 恒略律师曾代理一起遗嘱继承与法定继承交织的复杂纠纷：被继承人（以下简称甲）生前订立自书遗嘱，将名下两套住房分别留给父母与配偶；甲去世后，其父母以甲生前患有精神疾病、婚姻无效为由，主张全部财产按法定继承由其二人继承，并要求分割两套房屋、丧葬抚恤及保险理赔等款项，标的合计逾百万元。配偶一方委托北京恒略律师事务所律师代理应诉。律师围绕三项核心展开论证：一是婚姻关系合法有效，配偶再婚前所生子女与甲形成抚养关系的亦为继承人；二是夫妻婚姻关系存续期间所得共同财产应先析出配偶份额，遗嘱仅处分甲的个人部分；三是遗嘱行为能力方面，在无专业鉴定否定意见的情况下，遗嘱应予尊重。法院最终认定两套房屋按遗嘱分别由父母与配偶继承，其余存款、养老金、企业年金、公积金等先析出配偶份额后按法定继承分割，并因甲父母与其共同生活、照顾较多而适当多分。该案说明，遗嘱优先规则成立的前提是遗嘱合法且处分范围正确，超出个人财产的处分无法对抗法定继承人。

IV. Practical suggestions and legal basis

At the legal basis level: Article 1123 of the Civil Code (effective January 1, 2021) stipulates that where there is a will, inheritance shall be in accordance with the will; where there is no will, inheritance shall be in accordance with the statutory provisions; Article 1133 clearly stipulates that natural persons may dispose of their personal property by making a will; Article 1153 stipulates that the couple's joint property shall first be divided into the spouse's share; Article 1130 stipulates that the same-order heirs shall generally be equally divided, but those who have fulfilled the main support obligations to the decedent or lived together with the decedent may receive a larger share; Article 1141 requires that a necessary share be reserved for heirs who lack the ability to work and have no source of livelihood; Article 1143 stipulates that wills made by persons with no capacity for action are invalid. At the practical advice level: When making a will, ensure that it is signed in person, with the date specified, and properly preserved; distinguish between the disposition of pre-marital personal property and the couple's joint property; if the statutory heirs claim that the will is invalid, they should apply for a capacity assessment and fix the medical records evidence in time. For matters involving share calculation and enforcement, they can be combined with other legal provisions.Creditor-debtor relations and enforcement case servicesAndReal estate sales and construction project servicesComprehensive evaluation.

5. Henglu Law Firm's Reminder

The inheritance by will takes precedence over the statutory inheritance, but the prerequisite are always that the will is legal and valid, and the disposition is the personal property of the decedent. In practice, many disputes are not due to the invalidity of the will itself, but rather the confusion between marital joint property and personal property, and the neglect of the necessary share retention or the circumstances of receiving an extra share. It is recommended that families clarify the ownership of property when making a will, and promptly sort out the investment and transaction records after the inheritance occurs. If necessary, a lawyer should be involved to define the shares. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acted on behalf of the client. The court finally determined that the house would be distributed according to the will, and the remaining property would be divided into the spouse's share and then handled through legal inheritance. If you are facing similar inheritance disputes, it is recommended to consult a lawyer as soon as possible and fix the evidence to avoid the share being left unresolved for a long time.

VI. Frequently Asked Questions

Q1: If there is a handwritten will but it has not been notarized, can the legal heirs still receive their inheritance?

They can inherit the portion of the estate that was not disposed of in the will. According to Article 1123 of the Civil Code, testamentary succession takes precedence over statutory succession, but the will only disposes of the decedent's personal legal property. If the will only involves part of the estate, the unallocated deposits, pensions, provident funds, etc. will still be distributed among the heirs such as spouses, children, and parents according to the provisions of Article 1127. A self-written will that has not been notarized will still be legally effective as long as it meets the formal requirements of Article 1134 (written by hand, signed, and dated) and its content is legal. Therefore, even without a notarized will, statutory heirs can still claim rights to the assets outside the will.

Q2: If the will stipulates that the house is only given to one child, can the other children claim an equal share of it?

Generally, a will cannot be overturned, but there are two exceptions: First, if the house belongs to the couple's joint property, the will can only dispose of the share owned by the decedent. The spouse's share must first be separated out according to Article 1153, and other children cannot claim the entire house. Second, if there is no necessary share reserved for the heirs who lack working capacity and have no source of livelihood (Article 1141), the relevant part is invalid. In addition, if the heirs designated by the legal and valid will obtain the property, other children can only participate in the statutory inheritance for the property not covered by the will, and cannot deny the validity of the will on the grounds of equal division.

Q3: After the spouse's death, how should the couple's joint property be divided first and then inherited?

According to Article 1153 of the Civil Code, unless otherwise agreed, when dividing the inheritance, half of the jointly owned property of the couple shall be allocated to the spouse, and the remaining part shall be the inheritance of the decedent. For example, houses purchased after marriage, deposits, housing provident funds, enterprise annuities, and personal accounts of pension insurance, in principle, the spouse's share of 50% shall be extracted first, and the remaining part shall be distributed according to the will or statutory inheritance. In practice, disputes often arise due to the complex form of property (such as the down payment before marriage and the repayment of the loan after marriage, and the mixing of accounts). It is recommended to sort out the investment and transaction records, and if necessary, apply for an appraisal or seek the assistance of a lawyer to clarify the boundaries to avoid mistakenly dividing the spouse's property as inheritance.

Q4: If I live with my parents for a long time and fulfill my main duty of supporting them, can I get a larger share of the inheritance when it's divided?

Yes. According to Article 1130 of the Civil Code, the shares of inheritance of the same order of heirs shall generally be equal; however, for the heirs who have fulfilled their main support obligations to the decedent or lived with the decedent, they may receive a larger share of the inheritance when it is distributed. In the aforementioned case, the court granted the decedent's parents a larger share of the inheritance because the decedent primarily lived with his parents and was cared for and supported by them during his lifetime. The party claiming a larger share of the inheritance should provide evidence of joint living, medical care, and financial support. If the evidence is sufficient, it is more likely to gain the court's support. Conversely, mere verbal claims are difficult to be accepted by the court.

Q5: If the testator is in a poor mental state when making a will, is the will still valid?

It depends on whether it can be proven that the testator lacked capacity for civil conduct or was subject to fraud or coercion when making the will. According to Article 1143 of the Civil Code, a will made by a person who lacks capacity for civil conduct or a person with limited capacity for civil conduct is invalid; a will made under fraud or coercion is invalid; and any forged or altered parts of the will are invalid. The party claiming that the will is invalid bears the burden of proof, and usually requires professional judicial appraisal to negate the testator's capacity for civil conduct at the time of making the will. If there is no evidence or the appraisal institution is unable to issue a negative opinion, the court will generally respect the will. Therefore, when there is a dispute over capacity for civil conduct, it is crucial to apply for appraisal and fix the medical records in a timely manner. Delaying may lead to the inability to provide evidence.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations 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 evidence materials, so as to avoid missing the statutory time limit. →Inheritance legal services·Attorney Li Yonghui·Beijing Henglu Law Firm