[Direct answer]It is usually invalid. According to Article 1136 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), a printed will shall be witnessed by two or more witnesses. The testator and the witnesses shall sign each page of the will and indicate the year, month, and date. In other words, the statutory formal requirements for a printed will are "two or more witnesses + signature on each page + indication of the date", all of which are indispensable. A printed will signed only by the testator without witnesses does not meet the statutory formal requirements and will generally be deemed invalid, with the relevant estate being handled in accordance with statutory inheritance. In addition, according to Article 1140, inheritors, legatees, and persons with an interest in the inheritors or legatees are not allowed to act as witnesses. Even if two witnesses are present in form, if one of them is an inheritor or his/her spouse, the will may still be deemed invalid.

1. Problem background and typical scenarios

More and more people are getting used to using computers to type up wills and then printing them out to sign and put away. The proportion of such wills causing problems in inheritance disputes is very high, mainly because the formal requirements are not met. Common defects include: only the testator signing the will; no witnesses; witnesses signing only some pages; no indication of the year, month, and day; witnesses being close relatives of the heirs; and the will's content being vague, such as only writing "to be handled by someone" without specifying who will inherit. Beijing area courts are stricter in reviewing the form of printed wills, and once the requirements are not met, they usually will not make up for it through the reasoning of "substantive authenticity".

II. Key points of contention

First, the number and qualifications of witnesses. There must be at least two witnesses present, and the witnesses cannot be the heirs, legatees, or individuals with a vested interest in the estate. Second, the requirement of signing each page. Both the testator and all witnesses must sign each page of the will. Signing only the last page does not comply with the regulations. Third, the completeness of the date. The date should be specified in the form of year, month, and day. Missing or incorrect dates will affect the validity of the will. Fourth, the clarity of the content. The will should clearly dispose of personal property and specify the heirs or legatees. Vague expressions may be deemed as an ineffective disposition of property. Fifth, the temporal continuity of legal application. Printed wills are a new form added by the Civil Code. If the inheritance occurred before the implementation of the Civil Code, it may be handled according to the rules at that time in practice, leaving more room for disputes.

III. Professional analysis by Henglue Lawyers

Take a will inheritance dispute handled by Henglue Law Firm as an example: After the decedent passed away, his son claimed that all the inheritance should be inherited by him based on a printed will. After reviewing the will, Attorney Li Yonghui found that the will consisted of three pages. The first two pages did not have the signatures of the testator or the witnesses, nor the date. Only the signature was on the last page. Moreover, the content of the will only stated that a certain family member would "handle all matters", without explicitly designating the inheritor. Based on this, the attorney argued that the printed will did not meet the statutory formal requirements and its content was unclear, so it should be deemed invalid, and the relevant inheritance should be dealt with in accordance with statutory inheritance. At the same time, he questioned the authenticity of the signature on another holographic will and the testator's capacity to make a will at the time of its establishment, pointing out that the will could only dispose of the testator's own share of property and had no right to dispose of the inheritance share of the spouse. The court adopted some of the core opinions, determining that the printed will was invalid and dividing the inheritance in accordance with statutory inheritance. The parties involved retained their corresponding shares of the house. This case shows that formal review is the first hurdle in will disputes. Requirements as seemingly minor as page-by-page signatures and dates often directly determine the validity of the will. For matters involving property ownership and share calculation, it is recommended to consult a professional lawyer for advice.Real estate transactions and construction projectsThe experience in identifying the ownership of assets; for cases involving the sorting out of inheritance relationships, reference can be made to the relevant provisions.\nInheritance and division of family propertyThis is the practical path of the case. The case was handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, 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 113, 113, 140, and 141 of the Civil Code of the People's Republic of China (effective January 1, 2021), it is recommended to handle it in four steps: First, check the formal requirements of the printed will, focusing on the number and qualifications of the witnesses, whether each page is signed, and whether the date is complete; Second, if it is necessary to make a printed will, two or more qualified witnesses should be present to witness the entire process and sign each page; Third, preserve evidence of the testator's capacity at the time of making the will, such as medical records or audio/video recordings of the making process; Fourth, if the will is deemed invalid, determine the scope and shares of the heirs according to statutory inheritance and handle the property not disposed of in the will together. The relevant rules can be referred toInheritance of property and division of family assetsFor the processing path involving property transfer and share redemption, it can be combined with the following measures:Creditor's rights and debts, and enforcement cases的经验。

5. Henglu Law Firm's Reminder

There is very little room for error when printing a will. Three reminders: First, don't think that "printing it out and signing it" is equivalent to a will. The absence of formal requirements usually cannot be rectified afterwards; Second, don't let heirs or legatees act as witnesses, which is the most common reason for the invalidity of a will; Third, if there are already formal defects, you should evaluate other available wills as soon as possible or prepare according to the statutory inheritance scheme to avoid being passive in litigation.Beijing Henglu Law FirmIt is recommended that before making any type of will, you should first have a professional check the formal requirements. This will save you much more money than dealing with disputes after the fact.

VI. Frequently Asked Questions

Q1: Is it valid to print a will without a witness?

It's usually invalid. When printing a will, there should be at least two witnesses present. The testator and the witnesses should sign each page and indicate the year, month, and day; a printed will signed only by the testator does not meet the statutory formal requirements, and the estate involved will generally be handled in accordance with the statutory inheritance rules.

Q2: What evidence do I need to prepare?

The original will, the identities and testimonies of the witnesses, the audio and video recordings of the process of making the will, the medical records and evidence of the testator's capacity for action before his death, the death certificates of the decedents and materials on their family relationships, and the certificates of the ownership of the inheritance, etc., are conducive to reviewing the validity of the will and determining the scope of the heirs.

Q3: How much does it typically cost to resolve this type of inheritance dispute?

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 appraisal or 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 judgment?

Cases subject to summary 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, find the original will and check each page to verify the number and qualifications of the witnesses, whether all signatures are present, and whether the date is complete. Then, determine whether there are any flaws in the formal requirements and, based on the family relationships, identify feasible inheritance solutions.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards 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 Li Yonghui·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 a dispute arises, please consult a practicing lawyer in time.