[Direct answer]In the Beijing area, the three most crucial issues in inheritance consultations are: the timing of legal application, the formal requirements of the will, and the scope of heirs. Since the Civil Code came into effect on January 1, 2021, notarized wills no longer have priority effect. In the event of conflicting contents of multiple wills, the last one made shall prevail; however, if the legal facts of inheritance occurred before the implementation of the Civil Code and a notarized will was made before that, the rules of the former Inheritance Law of the People's Republic of China regarding the priority of notarized wills may still apply. When consulting, clients should bring the original will, materials of kinship relationships, and property information. A lawyer will then determine which law applies and whether the will is valid, before assessing and advising on litigation or negotiation paths.

1. Problem background and typical scenarios

The most common causes of consultations on inheritance through wills are: the elderly leaving more than one will with conflicting contents, and the heirs arguing over which one to follow; or the will appears to be complete in form, but is questioned due to the lack of a signature date or unqualified witnesses; or the heirs simply don't know about the existence of the will, only discovering it from the archives during the transfer of ownership. If these issues are not clarified during the consultation stage, they will become double challenges of evidence collection and legal application once the case enters litigation.

II. Key points of contention

First, the application of law. There are differences in rules before and after the implementation of the Civil Code, especially regarding the order of effectiveness of notarized wills. It is necessary to determine which law applies based on the time when the inheritance begins. Second, the formal requirements for wills. A self-written will must be handwritten, signed, and dated; a notarized will must be witnessed by at least two witnesses, one of whom must act as the notary, and be dated and signed by the notary, other witnesses, and the testator; a printed will must also be witnessed by at least two witnesses. Third, the performance of obligations attached to wills. If an heir accepts the inheritance, they must fulfill the obligations attached to the will. Failure to fulfill these obligations without a valid reason may result in the cancellation of corresponding rights. Fourth, the order of effectiveness of multiple wills. If the contents of the wills conflict, the latest will shall prevail. However, notarized wills made before the implementation of the Civil Code need to be evaluated separately.

III. Professional analysis by Henglue Lawyers

Take a case handled by Beijing Henglu Law Firm as an example. The decedents, Wang Zhiguo and Zhang Hua, were husband and wife. They purchased a house at No. 201, Changping District, Beijing during their marriage and registered it under Wang Zhiguo's name, which was a marital joint property. Wang Zhiguo died on November 26, 2004, and Zhang Hua died on May 28, 2007. On February 6, 2002, the couple jointly executed a notarized will, stipulating that Wang Li, their daughter, would inherit their share of the house, and attaching the obligation that Wang Li would pay 100,000 yuan to their son, Wang Ming, in one go, otherwise the will would be invalid and the inheritance would be handled according to legal provisions. On May 1, 2006, Zhang Hua unilaterally executed a handwritten will, declaring that the 2002 notarized will was invalid and leaving the entire house to Wang Ming. Wang Ming's son, Wang Gang, sued to inherit the house based on the 2006 handwritten will, and Wang Li entrusted our firm to handle the case.Zhu GuiyingAttorney representation. The attorney argued that the legal facts of the inheritance in this case occurred before the implementation of the Civil Code, and the original Inheritance Law of the People's Republic of China should be applied; according to Article 20 of that law, handwritten, proxy, audio, and oral wills cannot revoke or amend notarized wills; since Wang Zhiguo has passed away, Zhang Hua also has no right to unilaterally change Wang Zhiguo's share; according to Article 21 of that law, Wang Li stated in court that she is willing to fulfill her obligation to pay, and she is eligible for inheritance. The court adopted the above opinions, determined that the notarized will of 2002 is legal and valid, and the self-written will of 2006 cannot revoke the notarized will. The court ruled to dismiss all of the plaintiff Wang Gang's claims, and the plaintiff shall bear the case acceptance fee of 11,000 yuan. This case is handled by Beijing Henglu Law Firm.Zhu GuiyinThe attorney (practice certificate number: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acts as the agent. It should be noted that after the implementation of the Civil Code, the priority effect of notarized wills has been cancelled, and the latest will shall prevail.

IV. Practical suggestions and legal basis

According to Articles 113 to 139 of the Civil Code of the People's Republic of China (the formal requirements for various types of wills), Article 142 (if the contents of several wills conflict with each other, the latest will shall prevail), Article 122 (definition of inheritance) and Article 123 (methods and order of inheritance), all of which came into effect on January 1, 2021; if the legal facts of inheritance occurred before the implementation of the Civil Code, they shall be handled in accordance with the Inheritance Law of the People's Republic of China implemented at that time (implemented on October 1, 1985 and adopted in 1985), of which Articles 20 and 21 involve the revocation and modification of wills and testamentary wills with obligations. Advice for preparation before consultation: First, all original and copy of the wills, including any alteration marks and witness information; Second, proof of the time of the decedent's death, which is used to determine the applicability of the law; Third, materials on kinship relations and property certificates such as real estate and deposits; Fourth, records of communication between the heirs. When handling will inheritance consultations in the Beijing area, it is also possible to inquire about real estate registration information to confirm whether there are mortgages or seizures.

5. Henglu Law Firm's Reminder

When providing advice on wills, it is most taboo to judge the validity based solely on verbal descriptions. The review of the validity of a will must be based on the original document. Signatures, dates, witnesses, and any alterations are all key details. Many times, the conclusion lies hidden in the paperwork and handwriting. Additionally, it should be noted that the party who disputes the authenticity of the will should apply for handwriting authentication within the statutory time limit. Failure to apply within the time limit may result in adverse consequences. If the party claims that there is a subsequent will, they must submit a written document that meets the statutory requirements. Electronic mail or oral recounts alone are generally not accepted as evidence. Our firm is located at...Inheritance of property and division of family assetsIn such cases, it is usually necessary to conduct a two-track review of legal application and formal requirements first, and then decide whether to initiate litigation. For special targets such as company equity and overseas assets, a comprehensive review may be conducted in combination with other relevant factors.Specialised legal servicesCoordinate and handle it comprehensively.Beijing Henglue Law FirmIt is recommended to consult as soon as possible after the inheritance begins to avoid the loss of evidence.

VI. Frequently Asked Questions

Q1: Is there a high chance of success for the claim to inherit the property according to the will?

If the will is complete in form, clear in content, and without contradictory evidence, the claim is usually more reliable. If the dispute focuses on the authenticity of the signature, the capacity to enter into the agreement at the time of signing, or whether it belongs to the personal property of the decedent, the outcome will depend on the evidence presented. It is recommended to first review the formal requirements and conduct appraisal and evaluation, and then decide whether to initiate litigation.

Q2: What evidence do I need to prepare for consultation and litigation?

The original will, the decedent's death certificate, materials proving the relationship between relatives, the house's immovable property certificate and purchase contract, materials proving the decedent's marriage and property agreements, the witness's information, handwriting comparison samples, and materials proving that the will is the last one. The more complete the originals are, the more accurate the determination of the will's validity will be.

Q3: What are the approximate fees for attorney's fees and litigation costs?

Consultation is usually charged by the hour or per case. During the litigation stage, the fees are charged in stages based on the proportion of the disputed subject matter, subject to the provisions of the entrustment contract. The litigation fees are prepaid based on the value of the claimed property. For cases settled through mediation or applying simplified procedures, the fees may be reduced by half. For cases involving handwriting authentication, the authentication fees are calculated separately based on the actual costs incurred.

Q4: How long does it take from consultation to judgment?

During the consultation stage, preliminary opinions can usually be provided within a few working days. If the case proceeds to litigation, the first-instance trial typically takes about six months, and cases involving appraisals will be significantly longer. The second-instance trial will take several more months. If the parties choose the path of notarization or mediation, the process is usually shorter than litigation, but it depends on the degree of cooperation from the heirs.

Q5: What should I do first?

First, confirm the time when the inheritance begins to determine the applicable law, and then collect all the original wills and materials related to family relationships. Do not self-determine which will is valid, and do not sign documents waiving inheritance or confirming shares without consulting a lawyer, to avoid making irreversible declarations of intent.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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 Zhu Guiying·Beijing Henglue Law Firm

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