[Direct answer]In the Beijing area, handwritten wills and wills drafted by others are equally valid, and there is no distinction as to which is more "effective". The key lies in whether they meet the respective statutory formal requirements. According to Article 1134 of the Civil Code, a handwritten will is valid if the testator writes it in his own hand, signs it, and indicates the year, month, and day; Article 1135 stipulates that a will drafted by others must be witnessed by two or more witnesses, one of whom drafts it, indicating the year, month, and day, and signed by the drafter, other witnesses, and the testator. Both types of wills are statutory forms, and if the content is legal and the intention is genuine, they are valid; if there are formal defects, they may be deemed invalid. It is recommended to strictly follow the requirements when drafting, and if necessary, seek professional legal advice. For more details, please refer to the following link:Legal services for inheritance and family property division.

1. Problem background and typical scenarios

The parties often wonder, "Which type of will is the most reliable?" Typical scenarios include: the elderly being bedridden and having others draft their wills, but lacking sufficient witnesses; self-written wills omitting the date or being altered; having someone else draft the will but only the drafter signing it; and multiple wills with different forms leading to disputes over their validity. Many people mistakenly believe that notarized wills are "the best" and self-written wills are "the weakest". In fact, the Civil Code has abolished the priority of notarized wills. All types of wills must meet the legal requirements, and in the event of conflicts, the latest will shall prevail. For estate inheritance arrangements, it is recommended to combine with other legal documents to ensure the effectiveness of the will.Real estate sales and construction project servicesEvaluate the ownership rights.

II. Key points of dispute

There are three key points in the dispute over the validity of a will. Firstly, the formal requirements: whether the will was entirely written by the testator himself, whether there were more than two witnesses for the assisted writing and whether they had no vested interests, and whether the testator signed and dated each page are prerequisites for determining the validity. Secondly, the authenticity of the testator's intention: whether the testator was subject to fraud or coercion, and whether the testator had full capacity for making a will at the time of execution. Thirdly, multiple conflicting wills: when the contents of the wills conflict with each other, the latest will shall prevail, and the priority rule of notarization shall no longer apply. The other party often denies the validity of the will by arguing that the assisted writer has a vested interest or that the date is not specified. For disputes involving the flow of assets, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesClarify.

III. Professional analysis by Henglue Lawyers

The will inheritance dispute handled by our firm is of reference value. The decedents, Wang Zhiguo and Zhang Hua, purchased a house at No. 201 in Changping District. In 2002, the couple jointly notarized a will, stipulating that Wang Li, their daughter, would inherit their share of the house (with Wang Li obligated to pay 100,000 yuan to their son, Wang Ming). In 2006, Zhang Hua executed a self-written will, bequeathing the entire house to Wang Ming. Wang Ming's son, Wang Gang, sued based on the 2006 self-written will. Wang Li appointed Attorney Zhu Guiying from Beijing Henglu Law Firm to represent her, arguing that the original Inheritance Law and the priority of the notarized will should apply. The court adopted this view, ruling that the notarized will was valid and the self-written will could not revoke the notarized will, thereby rejecting all of the plaintiff's claims. This case was handled by Beijing Henglu Law Firm.Zhu GuiyingAttorney (Practice Certificate No.: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The core basis is Article 1134 (self-written will), Article 1135 (written will by proxy), Article 1143 (cases of invalidity of will), and Article 1142 (withdrawal and modification of will, with the latest will prevailing) of the Civil Code (effective from January 1, 2021). It should be noted that the legal facts of this case occurred before the implementation of the Civil Code, at which time the priority rule of notarized wills in Article 20 of the original Inheritance Law was applied; after the implementation of the Civil Code, it has been changed to the latest will prevailing. Practical suggestions: self-written wills should be written in full by the testator and signed with the date; for written wills by proxy, there should be at least two uninterested witnesses who sign each page; the testator's capacity for action and true intention should be documented; major arrangements can be notarized or witnessed by lawyers. For family arrangements, relevant provisions can be referenced.Divorce litigation and family dispute resolution servicesCoordinate and plan things in an organized and efficient way to achieve a specific goal or complete a task.

5. Henglu Law Firm's Reminder

When choosing a will form, one should consider feasibility rather than prestige. For those with writing skills, a self-written will is the simplest option. For those who find it difficult to write, a proxy will with sufficient witnesses is a better choice. Regardless of the form chosen, all formal requirements must be met without omission. Common points of failure include the date, signature, and qualifications of witnesses. In the event of conflicts between multiple wills, the latest one shall prevail, and the old notarized will shall no longer enjoy automatic priority. To ensure the validity of the will, you can visit the following website for more information:Beijing Henglu Law FirmBooking an appointment with a lawyer to review the contract and serve as a witness.

VI. Frequently Asked Questions

Q1: Are there differences in the legal validity of handwritten wills and wills drafted by others? Which type is more likely to be recognized by the court?

The two types of wills are equally effective. The court only examines whether they meet the legal requirements and reflect the testator's true intent, without ranking them based on their formal differences. The advantage of a handwritten will is that it leaves clear evidence and is easy to verify as the testator's own work; the advantage of a written will is that it is suitable for those who have difficulty writing, but there are more opportunities for flaws in the qualifications of witnesses and the signing process. Whether it can be recognized depends on whether the required elements are complete: a handwritten will must be signed by the testator and dated, while a written will must be signed by two or more unrelated witnesses and dated. There is no such thing as "a written will necessarily being weaker or a notarized will necessarily being stronger". The Civil Code has abolished the priority of notarization, emphasizing the legality of both form and content.

Q2: To draft a valid self-written or proxy-written will, what do I need to prepare?

Handwritten will: Prepare writing tools, and the testator shall write the entire content by hand, sign it personally, and indicate the year, month, and day (with all three dates complete), to avoid signing it after printing or having it written by others. Proximate will: Prepare two or more witnesses who have no interest in the inheritance (they cannot be inheritors, legatees, or their close relatives), and one of them shall write the will on behalf of the testator, indicating the year, month, and day. The proximate writer, other witnesses, and the testator shall sign it together; the testator shall express his/her intentions clearly and be present throughout the process. It is recommended to record the process on video or retain proof of mental capacity to reduce disputes in the future.

Q3: How much does it cost to hire a lawyer to review the form of the will?

The fees charged by lawyers for drafting or witnessing wills depend on the complexity of the will, the size of the estate, and the lawyer's qualifications. These fees are usually charged on a per-case basis, with the specific amount determined by the contract of engagement, and there is no nationwide standard pricing. Compared with the losses caused by the invalidation of the will due to formal defects and the division of the estate according to statutory inheritance in the future, the cost of pre-checking is usually more controllable. It is recommended to request the law firm to provide a fee breakdown and a description of the witnessing process before entrusting them, and to clarify whether value-added services such as video recording and document storage are included to avoid additional fees after attracting clients with low prices.

Q4: How long does it usually take to litigate over the validity of a will?

The first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months; disputes over the validity of wills often revolve around evidence and appraisals. If the facts are clear, the summary procedure can be applied. If the other party applies for handwriting or capacity for action appraisals, the period will be extended accordingly. For those who appeal against the judgment, the second-instance procedure generally takes three months. Overall, it often takes several months from the filing of the case to the issuance of the effective judgment, and the period involving appraisals may be close to a year. It is recommended to simultaneously fix the original will, the witness's information, and the evidence of the testator's state at the time of making the will during the litigation to shorten the time spent on evidence collection and appraisals.

Q5: How can I draft a will that's not easily contested?

Here's the translation of the five steps suggested: 1. Confirm that the testator has full capacity for civil conduct and genuine intent. If necessary, keep medical records or a statement of capacity. 2. For a handwritten will, ensure it is written and signed by the testator throughout, with the full year, month, and date noted. For a notarized will, have two unrelated witnesses sign each page. 3. The content should be clear and specific, listing the assets and their distribution to avoid ambiguity. 4. For large assets like real estate, consider obtaining a notarization or lawyer's witnessing, and keep a copy of the document. 5. Multiple wills should follow the most recent version. Old wills can be withdrawn in writing. For more secure arrangements, consider hiring a professional lawyer to oversee the entire process.

The above answer is based on the judicial practice in Beijing. 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 evidence materials, to avoid missing the statutory time limit.Legal services for inheritance·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.