[Direct answer]In the Beijing area, the number of lawyers required to witness a will depends on the form of the will. According to Articles 1135 and 1136 of the Civil Code of the People's Republic of China, for a written will or a printed will, there should be at least two witnesses present to witness it. When a lawyer acts as a witness, it is generally recommended to arrange for two lawyers to witness it together to ensure neutrality, compliance with the law, and to reduce disputes over the effectiveness of the will. A self-written will is written and signed by the testator himself, indicating the date, and does not require witnesses. A recorded or videotaped will also requires at least two witnesses. If only lawyers are needed to provide legal advice rather than statutory witnesses, the number of lawyers can be flexible. It is recommended to choose and consult a professional lawyer according to the type of will. For more details, please refer to the following link:Inheritance succession and family property division services.

1. Problem background and typical scenarios

Common needs: The elderly are worried that their wills might be invalidated if they don't have a lawyer to witness it; children have doubts about the authenticity of their parents' self-written wills; printed wills are challenged because only one person witnessed it; and disputes arise when lawyers draft wills but there are not enough witnesses. Many people are unclear about "how many witnesses are needed and who cannot serve as witnesses". When handling will witnessing services in Beijing, law firms usually implement stricter procedures of two-person witnessing and full-process record keeping. This can be combined withSpecial services and other case-related servicesUnderstand the witnessing norms.

II. Key points of contention

There are four key points. Firstly, the number of witnesses for different forms of wills: for a written will, a printed will, or a video or audio recording of a will, at least two witnesses are required. Secondly, who cannot act as witnesses: persons with no capacity for civil conduct, heirs, legatees, and their close relatives, etc. (see Article 1140 of the Civil Code). Thirdly, the difference between a lawyer's witnessing and a notarized will. Fourthly, the legal effect of witnesses not being present throughout the process. For matters involving the transfer of real estate in a will, you can refer to the relevant provisions.Real estate sales and construction project services.

III. Professional analysis by Henglue Law Firm

This case is handled by Beijing Henglu Law FirmYuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. In July 2023, Wang *5 drafted a self-written will, stipulating that the house at No. 1506 in Fengtai District would be inherited by his spouse, Zhou Min, and that after the conditional sale of the house, Zhou Min would pay 1 million yuan to the three siblings. The three siblings sued for immediate auction, and Zhou Min entrusted Yuan Hang, an attorney, to defend against the lawsuit. The attorney first consolidated the validity of the self-written will in accordance with Article 113 of the Civil Code (a self-written will does not require a witness, and it is established by the author's handwritten signature and indication of the date), and then sought to extend the grace period, proposing "first transfer of ownership and deferred payment". The Fengtai Court adopted the attorney's opinion, ruling that the house would be inherited by Zhou Min and requiring her to make payments within a specified period. This case shows that while a self-written will does not require a witness, other forms such as a written will or a printed will impose strict requirements on witnesses. Henglue Law Firm not only emphasizes formal requirements in will disputes but also focuses on practical performance, balancing the interests of all parties for the clients. This also reminds people that when drafting a will, they must comply with the legal formalities to meet the requirements for witnesses.

IV. Practical suggestions and legal basis

According to Article 1134 (handwritten wills), Article 1135 (witnessed by two or more persons), Article 1136 (printed wills witnessed by two or more persons), Article 1137 (audio and video wills), and Article 1140 (prohibited circumstances for witness qualifications) of the Civil Code of the People's Republic of China (effective from January 1, 2021). Suggestions: Choose the appropriate form of will; for proxy and printed wills, it is necessary to have two or more qualified witnesses present and sign the entire process; avoid heirs and their close relatives serving as witnesses; important wills can be audio-recorded or video-recorded simultaneously or notarized. For matters involving execution, relevant provisions can be referred to accordingly.Creditor-debtor relations and enforcement case services.

5. Henglue Law Firm's Reminder

Risk: The will may be invalidated due to insufficient or unqualified witnesses; if the witnesses are close relatives of the heirs, conflicts of interest may arise; and if the lawyer only provides opinions without actually witnessing the process, this may leave legal loopholes. Tips: Ensure that the number of witnesses and their qualifications meet legal requirements, and maintain full documentation throughout the process. For high-value estates, it is recommended to have two lawyers witness the process or obtain a notarization. If there are disputes over the validity of the will, it is advisable to consult a professional lawyer as soon as possible. For wills involving real estate, it may be appropriate to combine with other legal procedures.Real estate sales and construction project services.

VI. Frequently Asked Questions

Q1: When asking a lawyer to witness a will, how many lawyers are actually needed?

The law requires that there be more than two "witnesses", but it does not stipulate that they must be lawyers, nor does it require a specific number. In practice, lawyer witnessing usually arranges for two lawyers to be present together, mutually corroborating each other, ensuring neutrality, and meeting the requirement of having more than two people present when writing or printing a will. If only one lawyer writes the will and another qualified witness is found, it also meets the statutory minimum requirements. The key point is not the number of lawyers, but that the total number of witnesses meets the standard and all of them are qualified and participate throughout the process.

Q2: To handle the witnessing of a lawyer's will, what materials do I need to prepare?

Generally, the following items are required: the testator's identity certificate and proof of civil capacity, proof of property ownership (property ownership certificates, deposits, equity, etc.), a draft or key points of the proposed will, and basic information about the beneficiaries and heirs. The lawyer will review whether the testator's mental state and expression of intent are genuine, eliminate situations of coercion, and arrange for two witnesses to be present, making witness records and videos. The more complete the materials are, the smoother the witnessing process will be; for complex properties, a list can be prepared in advance for the lawyer to verify.

Q3: What is the approximate fee charged by lawyers for witnessing a will?

Attorney witnessing is a non-litigation legal service. The fees are negotiated between the law firm and the client, and are generally charged on a per-case basis. For complex property transactions or those requiring on-site visits and video recording, the fees will be correspondingly higher, subject to the terms of the contract. There is no unified national standard. Compared with notarization, the fees for attorney witnessing are usually more flexible. It is recommended to inquire before entrusting whether the fees include drafting a contract, taking minutes, preserving images, and providing follow-up consultations, so as to clarify the scope of fees and avoid price increases during the process.

Q4: How long does it usually take from making an appointment to obtaining a witnessed will?

Generally, a witnessing process can be arranged within a few days: the lawyer first reviews the materials and the testator's situation, then arranges a time for two witnesses to attend, read and sign the will. After the whole process is recorded on video and audio, the certificate of witnessing will be issued. For simple cases, it can be completed on the same day or within a few days; for cases involving property verification, multiple revisions, or on-site services, it may be extended to one to two weeks. If you choose a notarized will, the process will depend on the schedule of the notary office and may take longer. Overall, the lawyer's witnessing process is more efficient, but the key is to prepare all the materials in advance.

Q5: I'm not familiar with the process of witnessing a will. What should I do first?

Here's the translation of the text into English: Suggested four steps: 1. Clarify the form of the will (a self-written will does not require witnessing, while a proxy-written or printed will requires at least two witnesses) and determine whether a lawyer's witnessing is necessary. 2. Organize the materials related to the testator's identity, assets, and beneficiaries, and confirm that the testator is of sound mind and expressing his/her true intentions. 3. Contact a law firm to schedule a two-person witnessing session and verify the witnesses' qualifications and the process. 4. During the witnessing process, ensure that both witnesses are present throughout and sign and leave their signatures on the will. Properly store the will and its images. Throughout the process, consult a professional lawyer to ensure that the will is legally valid and effective.

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

If you are currently 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 Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.