[Direct answer]In the Beijing area, disputes over the validity of wills are a core area of practice for inheritance lawyers. Whether a will is valid depends on two important factors: form and substance. In terms of form, the type of will must be legal, with different requirements for self-written, proxy-written, printed, audio/video-recorded, oral, and notarized wills. In terms of substance, the testator must have full capacity for civil conduct, the expression of intent must be genuine, and the property disposed of must be the testator's lawful personal property. According to Articles 1134 to 1142 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), wills made by persons without capacity for civil conduct, those made under fraud or coercion, and those that have been forged or tampered with are invalid.

I. Problem background and typical scenarios

After the elderly person passes away, a will often determines the ownership of several houses at the same time, which makes the disputes among the heirs particularly intense. Common scenarios include: the elderly person having a child print and sign the will on their behalf before their death; the self-written will not specifying the date or only having a thumbprint; the witness being the heir's spouse or creditor; the elderly person having cognitive impairment but making a will; three wills with conflicting contents being made successively; and the will disposing of the spouse's share of the property. All of these situations may be seized upon by the other party to claim that the will is wholly or partially invalid.

II. Key points of contention

First, whether the formal requirements are complete. A handwritten will must be written, signed, and dated by the testator; a witnessed or printed will must be witnessed by at least two witnesses, and the testator and witnesses must sign and date it; a recorded or videotaped will must record the names and dates of at least two witnesses. Second, the testator's capacity for action. The testator's capacity for action at the time of making the will shall prevail. A previous diagnosis of mental illness does not necessarily invalidate the will. It usually requires a comprehensive judgment based on medical records, expert opinions, and witness statements. Third, mandatory reserved share protection. If the will does not reserve a necessary share for an heir who lacks the ability to work and has no source of livelihood, the disposition of that portion of the estate is invalid. Fourth, conflicting wills. If there are several wills with conflicting contents, the latest will shall prevail. Fifth, testamentary obligations. If an heir fails to fulfill the obligations attached to the will without a justifiable reason, the interested parties may request to revoke their right to accept the portion of the estate subject to the testamentary obligations.

III. Professional analysis by Henglue Law Firm

We handled a dispute over will inheritance, the focus of which was the validity and performance method of a conditional will. In July 2023, Wang *5 made a self-written will, bequeathing the 88-square-meter house at No. 1506, Fengtai District to his spouse, Zhou Min, with the following conditions: after the house is sold, Wang *1 shall be paid 400,000 yuan, and Wang *2 and Wang *3 shall each be paid 300,000 yuan, totaling 1 million yuan, with the remaining balance going to Zhou Min. In September 2023, Wang *5 passed away. The three siblings claimed that the will did not specify a payment deadline and argued that the house should be auctioned as soon as possible to obtain the proceeds immediately. Therefore, they sued Zhou Min and Wang Li, who was excluded as Wang *5's ex-wife, in court. Zhou Min entrusted Beijing Henglu Law Firm to handle the case.Yuan HangThe lawyer defended the case and formulated a two-step strategy: First, to consolidate the validity of the will, he provided evidence that the self-written will was written, signed, and dated by the testator, and the form was complete. According to Article 1134 of the Civil Code of the People's Republic of China, it should be recognized as valid. Second, he sought a reasonable performance period, submitted income certificates and a property valuation report (estimated at about 4.5 million yuan), and explained that selling the property at a low price in the short term would harm the interests of all parties. The court adopted the lawyer's opinion, determined that the will was legal and valid, and ruled that the No. 1506 house should be inherited by Zhou Min. All parties must complete the transfer of ownership by January 14, 2025, and Zhou Min must pay a total of 1 million yuan to the three plaintiffs by July 14, 2029 at the latest. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. The Inheritance Team of Henglue Law Firm also includesXue Suhua、Li Yonghui、FU XiaofeiThe lawyer in question has handled complex cases involving the validity of wills, marital validity, and inheritance disputes.

IV. Practical suggestions and legal basis

According to Article 1134 of the Civil Code of the People's Republic of China (the testator shall personally write, sign, and indicate the date of the handwritten will), Articles 1135 to 1139 (formal requirements for a written, printed, audio-visual, oral, or notarized will), Article 1140 (heirs, legatees, and persons with an interest in the estate cannot act as witnesses to the will), Article 1141 (mandatory reserved share), Article 1142 (revocation and modification of the will, and in the event of conflicting contents of multiple wills, the latest one shall prevail), and Article 1144 (testamentary obligations, where heirs fail to fulfill their obligations without justifiable reasons, their corresponding rights may be revoked), all of the above provisions shall come into effect on January 1, 2021. Suggestions: First, immediately seal and maintain the original will after a dispute arises to avoid disputes over its authenticity. Second, simultaneously collect medical records, physical examination reports, and witness statements from before and after the making of the will to preserve evidence for disputes over capacity for action. Third, if there are doubts about the authenticity of the signature, promptly apply for handwriting analysis. Fourth, for claims of non-performance of testamentary obligations, prepare written records of the reminder and performance situation. Fifth, before suing, clarify all heirs, the scope of the estate, and the shares of joint property to avoid omitting parties who must participate in the litigation.

5. Henglu Law Firm's Reminder

In disputes over the validity of a will, time is the most unfavorable factor: once the testator has passed away, both handwriting authentication and the determination of their capacity for action must rely on materials from their lifetime, and the longer the delay, the harder it is to reconstruct the situation. Three reminders: First, the party in possession of the will should not misuse the inheritance or dispose of it arbitrarily, as this may constitute an infringement of the co-heirs' rights and affect the subsequent division of the estate. Second, the party claiming the will's invalidity bears the corresponding burden of proof. Mere suspicion is insufficient to overturn a formally valid self-written will. Third, a conditional will is not invalid, but the manner and deadline of its fulfillment can be clarified through litigation or mediation. In this case, setting deadlines for transfer of ownership and payment balanced the interests of all parties. When Beijing courts handle inheritance cases, they usually first confirm the validity of the will before addressing the distribution of shares and the calculation of compensation. There are many procedural steps involved, so it is recommended to hire a lawyer to coordinate matters as soon as possible. For related practical solutions, please refer to the relevant materials.\nInheritance of property and division of family assetsPlease contact us if you have any questions about the column or would like to submit a proposal for a new column.Beijing Henglu Law FirmMake an appointment for a consultation.

VI. Frequently Asked Questions

Q1: Regarding disputes over the validity of a will, what is the probability of winning if one hires a lawyer?

There is no uniform probability, which depends on whether the will form is complete, whether there are appraisal conditions, and whether the other party can provide evidence. A self-written will with a complete form and no evidence of fraud or coercion is more difficult to overturn; however, if there are serious flaws such as no date specified, no qualified witnesses, disposition of others' property, or failure to reserve the mandatory share, the likelihood of the will being partially or completely invalidated will significantly increase.

Q2: What evidence is needed to claim that a will is invalid?

There are generally four types of evidence: the original will and its safekeeping, evidence of the delivery process; the medical records, diagnoses, and appraisal opinions of the testator before and after making the will, used to prove his/her capacity for action; evidence of the witnesses' qualifications and the process of witnessing; and handwriting samples and applications for appraisal. If the claim alleges fraud, coercion, or forgery/tampering, corresponding documentary evidence, audiovisual materials, or witness testimonies should also be submitted.

Q3: How much does it cost to litigate a case regarding the validity of a will?

The attorney's fees are negotiated based on the value of the disputed property, the complexity of the case, and the level of court proceedings. The case acceptance fees are prepaid according to the value of the estate requested for division, and the losing party generally bears the corresponding portion after the judgment is in favor of the winning party. For cases involving handwriting or capacity assessment, an additional appraisal fee must be paid according to the standards of the appraisal institution, and there may also be an assessment fee for the valuation of real estate.

Q4: How long will the entire process take?

For cases tried in the first instance under the summary procedure, the trial is generally concluded within three months from the date of filing; for cases tried under the ordinary procedure, the trial is generally concluded within six months; for cases involving handwriting identification, capacity assessment, or property evaluation, the period of identification and evaluation is not included in the trial time limit, and the overall process often takes half a year to one year. If either party appeals against the judgment, the second-instance trial usually takes about three months.

Q5: What should I do first?

First, keep the original will safe, do not entrust it to the other party or other heirs for safekeeping, and properly preserve the testator's previous medical records and handwriting materials; then sort out the scope of legal heirs and the inventory of the estate, determine whether to claim validity or invalidity, and then decide whether to resolve the dispute through negotiation, mediation, or litigation. It's better to fix the evidence as early as possible.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 limits. →Legal services for inheritance·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and public 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.