[Direct answer]In the Beijing area, the key is to ensure that all formal requirements are met and the witnessing process is documented. According to Article 1135 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), a written will shall be witnessed by two or more witnesses, one of whom shall draft the will, and the testator, the drafter, and other witnesses shall sign it and indicate the year, month, and day. Article 1140 clearly stipulates that inheritors, legatees, and persons with interests in the inheritors or legatees cannot serve as witnesses to the will. When seeking a lawyer's witnessing services, special attention should be paid to the following four points: First, the number of witnesses must meet the requirements and have no interests in the inheritors; Second, verify the testator's identity and capacity for action to ensure that they are of sound mind and able to express their intentions correctly; Third, confirm that the will clearly disposes of personal property and appoints inheritors or legatees, avoiding making only general statements; Fourth, prepare a witnessing transcript and record the entire process with audio and video, preserving a complete record of the witnessing process so that the facts can be restored in the event of future disputes.

1. Problem background and typical scenarios

A holographic will is a form that is widely used in practice, especially suitable for elderly people who find it difficult to write by hand. However, precisely because it is written by others, the law imposes stricter requirements on its form and witnessing. Common reasons for its invalidation include: only one witness; the witness is the spouse or close relative of the heir; the testator did not sign the will or only left a thumbprint; no indication of the year, month, and day; and vague provisions in the will, such as "the house is given to the filial child", which makes it impossible to determine the intended beneficiary. When reviewing holographic wills, the Beijing District Court not only examines the formal requirements, but also pays attention to whether the process of making the will truly reflects the testator's wishes. Therefore, the value of witness statements and audio/video recordings is very high.

II. Key points of contention

Firstly, the number and qualifications of witnesses. There must be at least two witnesses present, and the heirs, legatees, and their interested parties are not allowed to serve as witnesses. Secondly, the role of the procurator. One of the witnesses shall act as the procurator, and the procurator himself/herself must also sign the document. Thirdly, signatures and dates. The testator, the procurator, and other witnesses must all sign the document and indicate the year, month, and day. This is indispensable. Fourthly, the testator's capacity for action. Especially for elderly or ill testators, medical records or on-site images should be preserved to prove their clear consciousness. Fifthly, the clarity of the scope and content of the estate. The will can only dispose of personal property. Where the estate involves marital joint property, the spouse's share shall be separated out first, and the part disposed of to others shall be invalid.

III. Professional analysis by Henglue Lawyers

Take an inheritance dispute handled by Henglue Law Firm as an example: The decedent and his spouse purchased a house through the housing reform program of their employer in the 1990s and jointly owned it. Before the decedent's death, he executed a notarized will in the presence of two witnesses, specifying that his share of the property should be inherited by his daughter. After the decedent's death, the spouse and son raised objections, claiming that the property should be partitioned first before inheritance, and later changed their position in court to argue that the funds used to purchase the house were a loan. Attorney Da Wei responded from two perspectives: First, the will was dictated by the decedent, witnessed by two witnesses, and fully recorded and signed by the notary, meeting the legal formal requirements for a notarized will and thus valid. Second, the house in question was a housing reform property purchased by the decedent based on his employee status, and the ownership of the property was determined by policy rather than whether the children contributed funds. Even if the contribution was genuine, since the contributor did not meet the eligibility requirements for purchasing housing through the reform program, the contribution should be regarded as a gift or loan to the parents, rather than joint ownership. The court ultimately ruled that the decedent's share of the property should be inherited by his daughter. This case demonstrates that the validity of a notarized will depends on the completeness of its formal requirements, and special ownership situations such as housing reform properties and purchases under someone else's name require separate assessments of property ownership. For cases involving property ownership and share confirmation, it is advisable to seek professional legal advice.Property sales and construction projectsBased on my experience; for matters involving the sorting out of inheritance relationships and the calculation of shares, you can refer to the relevant provisions.\nInheritance of property and division of family assetsThis is the practical path of the case. The case was handled by Beijing Henglu Law Firm.Yu DawaiThe lawyer (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acts on behalf of his clients and, by accurately understanding the local judicial interpretation and practical rules, helps his clients achieve favorable outcomes.

IV. Practical suggestions and legal basis

According to Articles 1123, 1133, 1135, 1140, and 1141 of the Civil Code of the People's Republic of China (effective January 1, 2021), it is recommended to follow a five-step process: First, identify two or more qualified witnesses and exclude the heirs, legatees, and their interested parties; Second, have one of the witnesses draft the will, and the testator verbally states the content on-site, with the drafter accurately recording it; Third, verify the signatures and dates item by item, and all the testators, drafters, and other witnesses sign the will and indicate the year, month, and day; Fourth, prepare a witness transcript and record the entire process with audio and video, and retain the identity materials; Fifth, verify whether the will clearly disposes of personal property, and if it involves marital joint property, the spouse's share shall be separated out first. Relevant rules can be referred to for reference.\nInheritance and division of family propertyThe processing path involves the combination of real estate disposal and transfer of ownershipProperty transactions and construction projectsAndCreditor's rights and debts, and enforcement casesMy experience.

5. Henglu Law Firm's Advice

The success or failure of a holographic will largely depends on the details. Here are three reminders: First, do not let the heirs or the donees participate in the writing, printing, transmission, or safekeeping of the will, to avoid being questioned about influencing the testator's intention; Second, keep evidence of the testator's state of mind when making the will, especially for the elderly or those who are ill; Third, the content of the will should be specific and clear, stating the subject of the property and the heirs, and avoiding the use of ambiguous expressions that cannot be determined.Beijing Henglue Law FirmIt is recommended to simultaneously complete the filing of the witness's transcript, identity materials, and image data when making a holographic will, so as to form a complete package of evidence.

VI. Frequently Asked Questions

Q1: Is it necessary to have a witness for a written will?

It is necessary. A written will shall be witnessed by two or more witnesses, one of whom shall write it down, and the testator, the writer and other witnesses shall sign it and indicate the year, month and day; the witnesses shall not be the heirs, the legatees or the persons who have an interest in it.

Q2: What materials do I need to prepare to have a lawyer witness the signing of a contract?

The testator's identity certificate, the ownership certificates of the property to be disposed of, the materials on family relations, and the medical records that can reflect the testator's health and mental state; if the will is executed by a proxy, the witness's identity materials should also be prepared, and the witness's affidavit and audio/video recordings should be arranged.

Q3: How much does it cost to hire a lawyer to witness a transaction?

The fees are usually charged on a per-item or hourly basis, and the cost depends on the complexity of the will, the type of assets, and whether it is necessary to arrange for an estate manager simultaneously. The specific fees shall be subject to the written contract of entrustment. It is recommended to clarify the scope of services and the deliverables in advance.

Q4: How long after making the will do I need to update it?

There is no fixed time limit. When circumstances change, consideration should be given to updating the will, such as the disposal of property, changes in heirs, and adjustments to family relationships. The testator may revoke or amend the will in accordance with the law. When there are several wills with conflicting content, the latest will shall prevail.

Q5: What should I do first?

First, sort out the property to be disposed of and the scope of heirs, and check whether the witnesses meet the statutory qualifications; then determine whether to adopt the form of a power of attorney or notarization, check the formal requirements item by item, and prepare the witness transcripts and audio and video recording materials as evidence at the same time.

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

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 Yu Dawei·Beijing Henglue Law Firm

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