[Direct answer]In the Beijing area, where a valid will exists, inheritance according to the will takes precedence over statutory inheritance, but the portion not disposed of in the will is still handled in accordance with statutory inheritance. According to Article 1123 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), after the commencement of inheritance, it shall be handled in accordance with statutory inheritance; where there is a will, it shall be handled in accordance with inheritance according to the will or bequest; where there is a bequest and support agreement, it shall be handled in accordance with the agreement. Article 1142 stipulates that the testator may revoke or modify the will he or she has made; where there are several wills with conflicting contents, the latest will shall prevail. It should be noted that after the implementation of the Civil Code, the priority effect of notarized wills has been abolished, and in the case of multiple wills coexisting, the one with the later date shall prevail; but if the inheritance fact occurred before the implementation of the Civil Code on January 1, 2021, the Inheritance Law at that time may apply, which stipulates that handwritten, proxy, audio, and oral wills cannot revoke or modify notarized wills, and the conclusion may be just the opposite. In addition, the will shall reserve a necessary share of the estate for the heirs who lack the ability to work and have no source of livelihood.

I. Problem Background and Typical Scenarios

"Which of the several wills left by the elderly person is legally binding?" is a frequently asked question in inheritance disputes. Common scenarios include: firstly, the person executed a notarized will, then later wrote a self-written will to change the arrangements; secondly, the contents of several wills partially overlap or conflict with each other; or thirdly, the will only disposed of some of the property while leaving the remaining part unmentioned. Parties often believe that the notarized will is "the most effective" or that "the later-executed will must take precedence", but both of these understandings are incomplete. It is necessary to comprehensively judge based on the execution time, the temporal effectiveness of the Civil Code, and the formal requirements of the will. When courts in Beijing handle such cases, they will first review the formal validity of each will and the testator's capacity for action, and then determine the content that will ultimately apply in chronological order.

II. Key points of dispute

First, a will takes precedence over statutory inheritance, but only within the scope of valid disposal in the will. The un-disposed parts shall still be subject to statutory inheritance. Second, the effectiveness of multiple wills is interconnected. If the contents of several wills conflict with each other, the latest will shall prevail, provided that the latter will is itself valid. Third, the time limits for legal application. If the inheritance fact occurs before or after the implementation of the Civil Code, the applicable rules will be different, which will directly affect whether the notarized will has priority effect. Fourth, the review of formal requirements. There are different requirements for self-written, proxy-written, printed, and audio-visual wills, and defects may lead to invalidity. Fifth, the protection of mandatory shares. If the will fails to reserve necessary shares for heirs who lack working capacity and have no source of livelihood, the disposed portion may be deemed invalid or subject to deduction.

III. Professional analysis by Henglue Lawyers

Take a will inheritance dispute handled by Henglue Law Firm as an example: The decedent and his spouse purchased a house after marriage. The couple first jointly executed a notarized will, designating their respective shares to be inherited by their daughter and attaching a condition requiring the daughter to pay a sum of money to their son; subsequently, the spouse unilaterally drafted a self-written will, declaring that the notarized will was invalid and leaving the entire house to their son. The son's side sued based on the self-written will, demanding inheritance according to the self-written will. Attorney Zhu Guiyin accurately grasped the temporal effectiveness of the case: The legal facts giving rise to the inheritance occurred before the implementation of the Civil Code, and the Inheritance Law then in force should be applied; according to the provisions of that law, self-written, proxied, recorded, and oral wills cannot revoke or modify notarized wills, so the self-written will subsequently drafted could not revoke the notarized will jointly executed earlier. The court adopted this opinion, determining that the notarized will was valid and rejecting the plaintiff's lawsuit. The lesson from this case is that conflicts in the effectiveness of wills cannot simply be resolved by applying the principle of "the later one takes precedence". It is necessary to distinguish between the occurrence time of the inheritance facts and the legal rules in force at that time. In practice, we usually first verify the execution time, formal requirements, and the testator's capacity for action of each will, and then determine the applicable law and reach a final conclusion. Relevant rules can be referred to for reference.\nInheritance of property and division of family assetsFor the processing path involving the witnessing of wills and formal review, it can be combined with other relevant procedures.Business and contract disputes in enterprisesThe experience in handling documents and fixing evidence in China. This case was handled by Beijing Henglu Law Firm.Zhu GuiyingThe lawyer (practice certificate number: 11101202011246828, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his accurate understanding of the local judicial interpretation and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Articles 1123, 1134 to 1140, 1141, and 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the Interpretation of the Supreme People's Court on the Application of the Time Effect of the Civil Code of the People's Republic of China (Law Interpretation [2020] No. 15, effective January 1, 2021) regarding the time effect connection rules of the inheritance chapter, it is recommended to handle the case in four steps: First, collect all the original wills, verify the time of making the will, the formal requirements, and the situation of the witnesses; Second, confirm the testator's capacity for action, and if necessary, apply for an appraisal or retrieve medical records; Third, determine the time of occurrence of the inheritance fact, and based on this, determine whether to apply the Civil Code or the then-effective Inheritance Law; Fourth, for the estate not disposed of by the will, handle it according to the statutory inheritance, and verify whether the necessary shares have been reserved for special inheritors. For the transfer of real estate and the payment of shares, reference can be made to the relevant provisions.Real estate transactions and construction projectsAndCreditor's rights and debts, and enforcement casesThe practical path of the project.

5. Henglue Law Firm's Advice

The core of a will conflict is often not "which one is newer", but "which one is valid and which law applies". Three reminders: First, do not tear up or hide the will held by the other party on your own, as this may be deemed as obstructing evidence; Second, do not draw conclusions solely based on the order of signing; the priority effect of a notarized will may be different before and after the implementation of the Civil Code; Third, in the case of a mandatory reserved share, even if the will is formally valid, it should be checked whether it infringes on the necessary share of special heirs.Beijing Henglue Law FirmIt is recommended to ask a lawyer to conduct a review of the validity of the entire will at the early stage of the dispute to avoid proceeding with negotiations or litigation under incorrect rules.

VI. Frequently Asked Questions

Q1: If there's a will, does it necessarily mean that the inheritance will not follow the statutory succession rules?

The valid part of the will shall be inherited according to the will, and the part not disposed of in the will shall still be handled in accordance with the statutory inheritance. If part of the will is invalid or only some of the property is disposed of, the remaining part shall be handled according to the rules of statutory inheritance.

Q2: What evidence do I need to prepare?

All original wills, the deceased's death certificate and materials proving the relationship with relatives, certificates of inheritance rights, evidence of the testator's medical condition and capacity for action before death, witness statements, and other materials that can reflect the process of making the will.

Q3: How much does it typically cost to resolve such disputes?

The litigation fees are calculated based on the value of the estate and are prepaid by the plaintiff. After the judgment or mediation, the losing party or all parties shall bear the fees in proportion; there are additional fees for handwriting identification and capacity assessment; and the attorney's fees shall be determined based on the amount of the claim or through negotiation at different stages of the litigation process.

Q4: How long does it take from the filing of a lawsuit to the issuance of a verdict?

Cases subject to simplified procedures are generally concluded within three months, and those subject to ordinary procedures take about six months. Cases involving handwriting identification, capacity assessment, or disputes over the validity of wills may take longer, and the second-instance proceedings will take an additional three to six months.

Q5: What should I do first?

First, collect and verify all the original wills, confirm the time and formal requirements of each will, and determine whether the inheritance occurred before or after the implementation of the Civil Code. Based on this, determine the applicable legal rules and preliminary conclusions.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence 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 Henglu 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.