[Direct answer]In the Beijing area, the Civil Code of the People's Republic of China has made a number of important updates to the will system. Firstly, it adds two statutory forms of wills - printed wills and audio-visual wills, and specifies their essential elements. Secondly, it abolishes the priority effect of notarized wills and establishes the principle of "the last will made shall prevail". Thirdly, it improves the rules for oral wills in emergency situations. Fourthly, it unifies the rules for the revocation and modification of wills. These amendments better respect the testator's true intentions and reduce the risk of wills being invalidated due to formal defects. For more details, please refer to the following link:Inheritance succession and family property division services.

I. Problem background and typical scenarios

The non-compliance of the form of the will is a major cause of inheritance disputes. Typical scenarios include: the elderly asking others to draft the will on their behalf, but the witnesses are insufficient or their identities do not meet the requirements; the self-written will omits the date and is questioned about its validity; wanting to make a notarized will, but it is difficult to travel due to physical disabilities; and when holding multiple wills with conflicting contents, they do not know which one to follow. In the past, the "priority of effectiveness" of notarized wills often made it impossible to overturn the previously notarized self-written or proxy wills. In practice, this was quite rigid. The amendment of the Civil Code is a response to these pain points, allowing testators to express their wishes smoothly even without notarization. Related inheritance rights confirmation can be combined withReal estate sales and construction project servicesHandle it.

II. Key points of contention

There are three main points of contention. Firstly, regarding formal requirements: In practice, Beijing-based courts are particularly strict in reviewing the formal requirements of wills. For printed wills, they require the presence of at least two witnesses and the signatures of the testator and witnesses on each page with the date; for audio and video wills, they require the recording of names and dates. If the formal requirements are incomplete, the will will be deemed invalid. Secondly, regarding the order of effectiveness: Notarized wills are no longer given priority. When the contents of multiple wills conflict, the latest one shall prevail, thus changing the past awkward situation of "non-notarized wills being invalid after being executed". Thirdly, regarding revocation and modification: If the testator makes a new will with conflicting contents or revokes the original will through actions, the original will will become invalid. For matters involving will execution, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Henglue Lawyers

Based on the practice of handling will inheritance cases in our firm, the form's compliance directly determines the success or failure of the will. For example, in a will inheritance dispute handled by Attorney Yuan Hang, the court ruled that the self-written will written, signed, and dated by the testator was legally valid. Combined with the conditional performance clause, the court ruled that the house should be inherited by the spouse and set a reasonable payment period, reflecting the Civil Code's balance between the testator's true intentions and enforceability. Henglue Law Firm usually recommends that when making a will, people should choose the form based on their physical condition, such as self-written, proxy-written, printed, or video-recorded, and strictly meet the requirements of witnessing and date, to avoid the situation of "the intention being true but the form being flawed and therefore invalid". This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acting on behalf of the client. For cases involving foreign assets, we can provide follow-up services.Financial capital and cross-border services involving foreign countries.

IV. Practical suggestions and legal basis

The legal basis is the Inheritance Chapter of the Civil Code of the People's Republic of China (effective from January 1, 2021): Article 1134 (handwritten wills), Article 1135 (written wills by others), Article 1136 (printed wills), Article 1137 (audio and video wills), Article 1138 (oral wills), Article 1142 (withdrawal and modification of wills and priority of effectiveness, cancellation of notarization priority). Practical suggestions: When making a will, specify the form and meet the requirements of witnessing, signing, and date; if there are multiple wills, the latest one shall prevail, and the old wills do not need to be specifically revoked; if the oral will is made in an emergency situation and the emergency is resolved, it shall lose its effect if a will can be made in other forms; and the original will shall be properly preserved. For the transfer of real estate, it can be combined with other relevant provisions.Real estate sales and construction project services.

5. Henglu Law Firm's Advice

A will is not afraid of "not being notarized", but it is afraid of "not being compliant". The Civil Code has abolished the priority of notarization, but each form has mandatory requirements, especially the qualifications of witnesses and the date. It is recommended to keep the process of making a will and the identity materials of witnesses at the same time to avoid being questioned in the future. For multiple wills, it is necessary to take the latest one as the standard and there is no need to insist on revoking the old one. For wills with obligations and time limits, the clauses should be specific and enforceable. If you need professional support, you can seek help from a lawyer or a notary.Special services and other case-related servicesDraft a standardized document to ensure that the intentions can be effectively implemented.

VI. Frequently Asked Questions

Q1: After the Civil Code comes into effect, will my handwritten will still be valid?

It's effective and better protected. The Inheritance Chapter of the Civil Code retains the form of a self-written will, requiring the testator to write, sign, and indicate the year, month, and day by himself. As long as the form is complete and the expression of intent is true, it is legally effective. At the same time, the Civil Code abolishes the priority effect of notarized wills. If the content of other forms of wills you make later conflicts with it, the one made last will prevail. There's no need to specifically revoke the previous will, which better respects your true intentions.

Q2: What preparations are needed and what should be paid attention to when drafting a valid will?

The core principle is to ensure formal compliance and the authenticity of the testator's intent. A handwritten will must be signed and dated by the testator in person; a will prepared by a proxy, printed, or recorded on video or audio must be witnessed and signed by two or more uninterested witnesses who are not related to the testator; an oral will is only valid in emergency situations and must be witnessed by two witnesses. Once the emergency situation ends, the will becomes invalid if it can be established in another form. Note that witnesses cannot be inheritors, legatees, or individuals with a vested interest in the estate. It is recommended to simultaneously preserve video records of the will-making process and the identity documents of the witnesses to reduce the likelihood of future disputes.

Q3: What are the approximate fees for a lawyer handling a will inheritance dispute, including legal fees and litigation costs?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Costs" based on the amount of the litigation request (usually the value of the disputed inheritance) and are accumulated in stages, with the losing party bearing the fees or sharing them proportionally. Lawyer's fees are determined based on the scale of the inheritance, the complexity of the evidence, and whether investigations and evidence collection are involved. The fees are charged on a per-case basis or as a percentage of the subject matter value, with the specific fees subject to the terms of the engagement contract. There is no uniform standard. It is recommended to clarify the scope of fees before entrusting the case, and to evaluate the enforceability of conditional and time-limited wills carefully, weighing the costs against the potential benefits before proceeding with the case.

Q4: How long does it usually take to resolve a dispute over inheritance by will?

The first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months; cases with clear facts and complete will forms may be concluded faster. If there are major disputes over the validity of the will, or if handwriting identification or investigation and evidence collection are needed, the timeframe will be extended accordingly. The second-instance appeal generally takes three months. Overall, it often takes several months to half a year from the filing of the case to the issuance of the effective judgment. It is recommended to ensure compliance during the will-making stage to reduce litigation at the source, and to fix the original documents and witness materials as soon as possible if litigation is necessary.

Q5: I want to draft a standard will. What should I do first?

It is recommended to proceed in four steps: First, sort out the scope of the estate and the situation of the heirs, and clarify the distribution intentions; Second, choose the form of self-written, assisted writing, printing, or audio/video recording according to the physical condition and convenience; Third, strictly meet the corresponding formal requirements, especially the selection of witnesses and the signing and date of signature, and simultaneously keep the images; Fourth, properly keep the original will and inform the trustworthy executors, and if necessary, consult a lawyer to draft a standardized text. It is strictly prohibited to have conflicting contents in multiple wills. The last will made shall prevail, which is the most reliable approach.

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 evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yuan Hang·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.