[Direct answer]Mediation is possible, and the law encourages first consultation and then litigation. Article 113 of the Civil Code of the People's Republic of China stipulates that inheritors shall negotiate and handle inheritance issues in a spirit of mutual understanding, compromise, and harmony; if no agreement can be reached, the People's Mediation Committee may mediate or the case may be brought to the people's court for litigation. If there are disputes over the authenticity, validity, or share of the will, the original will, witness materials, and the inventory of the estate should be fixed first before discussing solutions. Beijing courts generally conduct mediation first in family cases, and the common outcome is that the house is inherited by one party, who then compensates the other inheritors with a discounted price. The payment period can be determined through negotiation. If the disputes are too great or one party refuses to attend, timely litigation is necessary to avoid the estate being disposed of prematurely.

1. Problem background and typical scenarios

A will is supposed to be a tool for settling disputes over inheritance, but in reality, it often becomes the starting point of disputes. There are three common scenarios: First, when multiple wills coexist, the contents of the self-written, proxy-written, and printed wills may conflict with each other, and the heirs each hold a copy and do not recognize each other's version; Second, doubts are raised about the testator's capacity for action and the authenticity of his/her intention at the time of making the will; Third, the contents of the will are conditional or vaguely expressed, such as "pay a certain amount of money to other children after selling the house", and the way and time of fulfillment are impossible to implement. In addition, legal heirs who are not listed in the will are also likely to be dissatisfied with the arrangements, which easily leads to disputes. These situations often occur in the stage when one parent dies and the inheritance has not been divided yet. The earlier the problem is addressed, the lower the cost will be.

II. Key points of dispute

First, the validity of the will. If there are several wills with conflicting contents, the last will shall prevail in accordance with Article 1142 of the Civil Code of the People's Republic of China; wills made under fraud, coercion, or forged or altered wills are invalid. Second, formal requirements. A handwritten will must be written by the testator himself/herself, signed and dated; for a will written by a proxy, a printed will, or a recorded video will, there are different witnessing requirements. Formal defects are a common cause of losing the case. Third, how to fulfill the conditional clauses. Whether the payment conditions stipulated in the clauses are clear and the time limits are reasonable directly determine whether they can be executed. Fourth, the boundaries of mediation. Inheritance disputes are family cases, and the court usually mediates them first; but if the dispute over the validity of the will is too great or one party refuses to attend the mediation, it is difficult to succeed in mediation, and the case should be promptly transferred to the judgment stage.

III. Professional analysis by Henglue Lawyers

Beijing area courts generally conduct mediation first in family-related cases. A will inheritance dispute we handled can serve as a reference: The decedent, Wang Mou, made a self-written will in July 2023, designating his spouse, Zhou Min, to inherit the 88-square-meter house at No. 1506, Fengtai District, Beijing. At the same time, he set a condition requiring that after selling the house, he would pay 400,000 yuan to his sister, Wang Mou 1, and 300,000 yuan each to his brother, Wang Mou 2, and sister, Wang Mou 3, totaling 1 million yuan. His ex-wife's daughter was not included in the will. After the decedent passed away in September 2023, the three siblings sued the court, claiming that the will did not specify the payment time and requesting the immediate auction of the house and the division of the auction proceeds. On behalf of Zhou Min, Beijing Henglue Law FirmYuan HangThe lawyer (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) appeared in court and formulated a "two-step" plan: First, complete the will in the form of a self-written will, and provide evidence of handwritten signature, fingerprint, and witness materials, citing Article 1134 of the Civil Code of the People's Republic of China to prove the validity of the will; Second, submit income proof and a property valuation report of approximately 4.5 million yuan, explaining that selling the property at a low price in the short term would harm the interests of all parties. The lawyer actively proposed a "first transfer of ownership and deferred payment" plan, that is, transferring the house to Zhou Min's name first, and selling the house and making payments within five years. The Fengtai District Court adopted the defense opinion and ruled based on the parties' negotiation results: House No. 1506 would be inherited by Zhou Min, and all parties would complete the transfer of ownership by January 14, 2025. Zhou Min would pay 1 million yuan no later than July 14, 2029. The case shows that a conditional will is not impossible to execute. The key lies in designing an implementation plan that balances the heirs' right to dispose of the property with the interests of other parties. 律师（执业证号：11101202110286151，以司法行政机关核发证件为准）应诉并制定“两步走”方案：一是以自书遗嘱形式为核心，举证亲笔书写、签名捺印及见证材料，援引《中华人民共和国民法典》第一千一百三十四条力证遗嘱有效；二是提交收入证明与约450万元的房产估值报告，说明短期内低价抛售将同时损害各方利益，主动提出“先行过户、延期付款”，即房屋先过户至周敏名下，五年内售房并付款。丰台区法院采纳答辩意见并结合双方协商结果判决：1506号房屋由周敏继承，各方于2025年1月14日前完成过户，周敏最迟于2029年7月14日前支付100万元，案件受理费与保全费按比例分担。该案说明，附条件遗嘱并非无法执行，关键在于设计出兼顾继承人处置权与其他人利益的履行方案。

IV. Practical suggestions and legal basis

According to Article 1132 (Consultation on Inheritance Matters), Article 1134 (Formal Requirements for a Handwritten Will), Article 1142 (Revocation and Modification of a Will), Article 1143 (Invalidity of a Will), and Article 161 (Settlement of Estate Debts) of the Civil Code of the People's Republic of China, all of the above provisions came into effect on January 1, 2021; the People's Mediation Law of the People's Republic of China, which came into effect on January 1, 2011, establishes the legal effect of people's mediation agreements. Suggestions: First, keep the original will safe and do not modify or delete it on your own. Copies of the will have significantly weaker evidentiary value than the original. Second, inventory the scope of the estate as soon as possible and list real estate, deposits, equity, and insurance proceeds separately to prevent one party from preemptively disposing of the assets. Third, when conditions permit, conduct a family consultation and document the results in writing, then formalize the outcomes through people's mediation or court mediation. Fourth, the mediation plan must clearly specify the payment amount, time limit, breach of contract liability, and obligations to cooperate with the transfer of ownership to avoid secondary disputes.

5. Henglue Law Firm's Advice

The resolution of inheritance disputes is not just about dividing money, but also may be the last chance to preserve family ties. In practice, the most common mistake is procrastination: one party believes that time is on their side and waits until the property is transferred or the deposits are withdrawn before taking action, which results in a significant increase in the cost of protecting their rights. It should also be noted that mediation agreements and judgments have the same enforceability, and the party that fails to perform can directly apply for enforcement; however, the rights given up in mediation are usually difficult to revoke, so it is necessary to check the shares and amounts before signing. For conditional wills, it is recommended to specify the performance period, guarantee methods, and key milestones in the plan. If there are company shares, difficult-to-handle real estate, or external creditor's rights in the estate, it is recommended to conduct a comprehensive inventory of the estate before entering negotiations. For issues concerning the settlement of estate debts and the connection with enforcement, you can refer to the relevant provisions.Creditor's rights and debts, and enforcement casesThe approach to handling this matter; if there are disputes over marital property within the family, these disputes can be assessed togetherDivorce litigation and family disputesThe associated impact of this.Beijing Henglu Law FirmTip: The goal of mediation is to reach an enforceable agreement, not just a verbal consensus.

VI. Frequently Asked Questions

Q1: If there are disputes over the will, can mediation lead to a settlement?

Whether an agreement can be reached depends on the nature of the dispute and the attitudes of all parties. If there are only disagreements about the share or the manner of performance, the success rate is higher under the pre-mediation mechanism for family cases; if the dispute concerns fundamental issues such as the authenticity of the will and the testator's capacity for action, and one party firmly refuses to acknowledge it and refuses to attend the mediation, the mediation is often difficult to proceed. It should be promptly transferred to litigation for the court to make a judgment, so as to avoid prolonged indecision leading to the transfer of the inheritance and the loss of bargaining chips in the negotiation.

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

The key points are the original will and the evidence of its formation process. This includes the original will and handwriting samples, the identity of the witnesses and the process of witnessing, the medical records and diagnostic records of the testator before and after the making of the will, audio and video recordings, records of correspondence, and the testimonies of relatives, etc. Those who allege forgery or alteration may apply for handwriting identification; those who allege that the testator lacks capacity for action must submit sufficient medical evidence. It is usually not enough to deny the validity of the will solely based on the statements of family members.

Q3: What are the approximate costs of inheritance disputes?

The litigation fees shall be paid in stages based on the value of the inherited property, and may be reduced by half in cases of mediation settlement or where the simplified procedure is applied; notarization, appraisal, and evaluation fees shall be charged separately based on the actual costs incurred, and real estate appraisal fees are typically charged as a percentage of the property value. Attorney fees shall be subject to the provisions of the entrustment contract and may be charged in stages or negotiated based on the value of the property. Additional note: In cases of inheritance involving real estate, there will also be corresponding registration fees for the transfer of ownership.

Q4: How long does it take from filing a lawsuit to obtaining the final result?

Generally, family cases are concluded within six months in the first-instance ordinary procedure. If the mediation is successful, the parties can usually obtain the mediation agreement within a few months and proceed with the transfer of ownership based on it. However, the time period will be extended accordingly if the case involves will appraisal or verification of property ownership. If one party appeals, the second-instance trial usually takes three to six months. Overall, fixing evidence early and entering the legal process as soon as possible are the key to shortening the timeframe.

Q5: What should we do first now?

The first step is to centralize the storage of the original will, the death certificate, the proof of kinship, and the inventory of the estate to avoid the materials being lost or taken away by others. The second step is to conduct a written review of the disputed issues with the other heirs to clarify whether the disagreements concern the validity of the will or the share of the inheritance. The third step is to choose a path: if the disagreements are not significant, apply for people's mediation or mediation presided over by the court; if the disagreements are significant, sue the court in the place where the decedent lived at the time of death or the place where the main inheritance is located as soon as possible.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 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.