[Direct answer]In the Beijing area, for multi-child families, the key to avoiding disputes when making a will is to ensure that it is "legally formal, genuinely expresses the testator's intentions, and has clear content". According to Article 1134 of the Civil Code of the People's Republic of China (effective from January 1, 2021), a handwritten will must be written, signed, and dated by the testator in person; according to Articles 1135 to 1137, a will written by a proxy, a printed will, or a will recorded in audio or video must be witnessed by two or more witnesses who have no vested interests; Article 1142 stipulates that if there are several wills with conflicting contents, the latest one shall prevail. It is recommended to list the location, account number, and share of real estate and deposits item by item, and to appoint an executor of the will in accordance with Article 1133. It is advised to complete all these procedures at one time under the guidance of a lawyer to reduce disputes over inheritance among children. For more details, please refer to the following link:Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

Inheritance disputes in multi-child families often occur after the death of one or both parents, when the estate has not yet been divided. In the judicial practice of Beijing, there are three common scenarios: First, parents have lived with one child for a long time, while other children claim equal division, and the cohabiting child claims a larger share; Second, parents verbally promised "who will get the house" before their death, but never made a will, and all parties have different opinions; Third, in remarried families, stepchildren, biological children, and spouses overlap, and real estate, demolition compensation, deposits, and pensions are mixed together, making it difficult to define the scope of the estate. In addition, it is very common for houses to be registered under one party's name but actually be marital joint property. If the inheritance is distributed according to the will without first dividing the property, it is very likely to lead to secondary litigation. For disputes involving marital relationships and family member identities, they can be resolved in combination with other legal provisions.Divorce litigation and family dispute resolution servicesEvaluate them together.

II. Key points of contention

The disputes usually focus on four points. Firstly, whether the form of the will is legal: whether the handwritten will is entirely written by the testator, and whether it has a signature and date; whether the witnessed will, the printed will, or the audio-visual will has qualified witnesses, and whether the witnesses belong to the situations that the heirs or the legatees are not allowed to serve as witnesses. Secondly, the testator's capacity for action and true intention: whether the testator was mentally competent at the time of making the will, and whether there was fraud or coercion. Medical records and video recordings are often key pieces of evidence. Thirdly, the scope of the estate: according to Article 1153 of the Civil Code of the People's Republic of China, the jointly owned property of the couple shall first be divided in half and belong to the spouse, and the remaining part shall be the estate; the death pension and funeral expenses are not part of the estate. Fourthly, the provisions on mandatory and additional shares: according to Article 1141, a necessary share shall be reserved for the heirs who lack the ability to work and have no source of livelihood; according to Article 113, those who fulfill the main duty of support or live with the decedent may be given additional shares as appropriate. For issues involving the ownership of real estate and the benefits of demolition, reference can be made to relevant provisions.Real estate sales and construction project servicesClarify.

III. Professional analysis by Henglue Law Firm

[Case Review] The decedent, Liu Shunqiang, and his wife, Zhang Shufen, had three daughters, Liu *1, Liu *2, and Liu *3. After Liu Shunqiang's death, he did not leave a will. The house located at No. 403 in Daxing District, Beijing, was jointly owned by the couple, with a current value of 2.4 million yuan. Zhang Shufen claimed that the house should belong to her and proposed to pay the three daughters a compensation of 300,000 yuan each. The eldest daughter, Liu *1, claimed that her parents had verbally promised that the house would belong to her, and submitted two statements and a phone recording from October 2023, demanding a compensation of 1.2 million yuan. Zhang Shufen appointed Feng Na, a lawyer from Beijing Henglu Law Firm, to represent her in the case.

[Focus of the dispute] First, whether the oral will claimed by Liu *1 exists and is valid; Second, whether the two statements signed by Zhang Shufen constitute revocable gifts with obligations; Third, whether Liu *1 should receive a larger share of the inheritance due to his greater fulfillment of his duty of support.

[Lawyer's Strategy and Court's Rationale] Attorney Feng Na pointed out that the oral will submitted by Liu *1 lacked sufficient evidence to prove its authenticity and could not be used as the basis for estate distribution; the two statements signed by Zhang Shufen constituted a contract of gift with an obligation, and the right to transfer the gifted property had not yet been transferred. According to Article 658 of the Civil Code of the People's Republic of China, the donor may revoke the gift before the transfer of the right to the gifted property. Therefore, Zhang Shufen had the right to withdraw the gift. At the same time, she submitted evidence to prove that Liu *1 had behaved inappropriately towards Zhang Shufen during their cohabitation, which further supported her claim for revocation. The court held that inheritance begins upon the death of the decedent, and in the absence of a will, it shall be handled in accordance with statutory inheritance. The couple's joint property shall first be divided in half and granted to the spouse. The oral will lacked sufficient evidence and was not admitted as evidence. The waiver of inheritance must be made in writing. Oral waivers and requests for inheritance made in court would not be admitted as evidence. Considering that Liu *1 had provided more support to Liu Shunqiang, the court ruled that Liu *1 should inherit more. The final judgment was that Zhang Shufen would inherit all of House No. 403, and Zhang Shufen would pay Liu *1 1.45 million yuan, and Liu *2 and Liu *3 would each pay 300,000 yuan. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Practical advice is divided into four steps: First, sort out the property list before making a will, distinguish between marital joint property and personal property, and verify the source of the house ownership; Second, choose an appropriate form. Families with multiple children may prefer to use a self-written will and record the whole process with audio and video, or handle a notarized will to ensure that the formal requirements are flawless; Third, specify the content of the real estate location, ownership certificate number, bank account and inheritance shares, and avoid vague expressions such as "all property belongs to a certain child"; Fourth, properly keep the original will, which can be entrusted to the executor of the will or a third party for safekeeping and explain it to the heirs. The legal basis is Article 113, Articles 113 to 142 and Article 153 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions on the form and effectiveness of wills in the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China issued by the Supreme People's Court (effective January 1, 2021). For the settlement of estate debts, it can be combined with the relevant provisions of the Civil Code of the People's Republic of China and the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China.Creditor-debtor relations and enforcement case servicesHandle it.

5. Henglu Law Firm's Reminder

For families with multiple children, making a will in advance is essentially a way to protect family ties. Please pay special attention to the following three points: First, formal defects are the primary reason for the invalidity of a will. The selection of witnesses, signature, and date are indispensable. Second, oral promises and minutes of family meetings cannot replace a legal will. It is very easy for a retroactively signed will to be overturned. Third, if the property status changes after the will is made, it is necessary to promptly make a new will and revoke the old one to avoid conflicts among multiple wills. If a dispute has already arisen, it is necessary to fix the evidence as soon as possible and consult a professional lawyer to avoid missing the evidence-gathering deadline. For cases involving inheritance and other family matters, it is advisable to seek legal assistance through a professional lawyer.Special services and other case servicesObtain a comprehensive solution.

VI. Frequently Asked Questions

Q1: If a family with multiple children doesn't have a will, do they have a high chance of winning a lawsuit over inheritance disputes?

The outcome does not depend on verbal promises, but on evidence and the application of the law. In the absence of a valid will, the inheritance shall be handled in accordance with Articles 1127 and 1130 of the Civil Code of the People's Republic of China and be subject to statutory inheritance. The shares of heirs in the same order are generally equal, but those who have fulfilled their main support obligations or lived with the decedent may receive a larger share. The party claiming a larger share needs to provide evidence of long-term care and advance payments, etc. Those claiming the existence of a verbal will must prove that it meets the requirements set forth in Article 1138 and that the emergency situation has not been eliminated. It is recommended to first assess the strength of the evidence and then decide whether to negotiate or litigate. It is not advisable to easily believe any promise of victory in a lawsuit.

Q2: What evidence do I need to prepare when making a will or filing a lawsuit for inheritance?

The core evidence can be divided into three categories. Identity and relationship-related evidence: household registration booklets, birth certificates, marriage certificates, and kinship certificates. Property-related evidence: real estate ownership certificates, purchase contracts, bank account statements, equity certificates, and demolition compensation agreements. Will and execution-related evidence: the original will, witness statements, video recordings of the will-making process, handwriting identification samples, and proof of support and advance payment. If there are doubts about the authenticity of the will, it is necessary to collect the decedent's contemporaneous signature samples as soon as possible for handwriting identification; for those claiming a larger share of the inheritance, they need to provide evidence of long-term cohabitation and care. The evidence should form a complete chain to avoid relying solely on oral statements.

Q3: How much do lawyers' fees and litigation costs amount to in inheritance disputes?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Costs", which are calculated cumulatively based on the value of the disputed assets. The losing party shall bear the fees, or the fees shall be shared according to the proportion of the victory and defeat. When the value of the disputed assets is higher, the fee rate will be reduced. There is no unified government pricing for attorneys' fees. Attorneys' fees are usually charged on a per-case basis, as a percentage of the value of the disputed assets, or on an hourly basis, subject to the specific provisions of the entrustment contract. Inheritance cases are also subject to the rules on risk-sharing agreements. It is recommended to first determine the scope of the estate and the potential benefits that can be obtained, and then clarify with the law firm the charging items, stages, and maximum fees. For cases with a low value of the disputed assets and limited disputes, it is preferable to reduce the overall cost through negotiation or mediation.

Q4: How long does it typically take to reach a conclusion in an inheritance lawsuit?

According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), first-instance ordinary procedures are generally concluded within six months, and simple procedures are concluded within three months; if the case involves property appraisal, handwriting identification, or the defendant's whereabouts being unknown and requiring public notice for service, the period will be extended accordingly. If one party appeals, the second-instance court will generally conclude the case within three months. If it is necessary to handle the transfer of ownership or apply for enforcement after the judgment takes effect, the time will be calculated separately. Overall, cases with clear facts can be concluded in a few months, while those with complex ownership issues may take more than a year.

Q5: How can families with multiple children draft a reliable will specifically?

The process can be divided into five steps: 1. Inventory the assets and distinguish between personal property and the couple's jointly owned shares; 2. Determine the distribution plan. Those who fulfill their main support obligations may receive appropriate preferential treatment through the will, while necessary shares should be reserved for heirs who lack working capacity and have no source of income; 3. Choose a legal form such as a self-written will, a proxy-written will, a printed will, audio/video recording, or notarization to ensure that the signature, date, and witnesses comply with legal requirements; 4. Record the entire process and properly preserve the original documents. If necessary, appoint an executor of the will; 5. Re-establish and revoke the old will promptly when there are significant changes in the asset situation. For complex asset structures, it is recommended to entrust a professional lawyer to draft and witness the will.

The above Q&A is mainly based on 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, to avoid missing the statutory time limit. →Inheritance legal services·Attorney Feng Na·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 a dispute arises, please consult a practicing lawyer in time.