[Direct answer]In the Beijing area, when the authenticity of a will is in dispute, it can be resolved through the judicial appraisal process in litigation. According to Article 79 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), parties may apply to the people's court for appraisal on specialized issues related to fact-finding; Articles 30 and 31 of the Supreme People's Court's Several Provisions on Evidence in Civil Procedure (amended on December 25, 2019 and implemented on May 1, 2020) stipulate that applications for appraisal should be submitted within the period specified by the people's court and advance payment of fees is required. Applications submitted after the deadline or refusal to pay in advance may result in adverse consequences. Article 40 lists the circumstances under which a re-appraisal may be requested. According to Article 1143 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), a forged will is invalid, and the content that has been tampered with is invalid. Handwriting and time-of-formation appraisals are the core means of identifying authenticity. For more details, please refer to the relevant provisions.Legal services for inheritance and family property division.

1. Problem background and typical scenarios

Disputes over the authenticity of wills most often arise in cases involving self-written wills. Typical scenarios include: one party holding the will and claiming inheritance, while other heirs deny that the signature or date was written by the decedent; the content of the will clearly contradicts the decedent's previous expressions, raising suspicions that it was written by others or under duress; the paper and ink marks on the will are abnormal, raising suspicions of subsequent additions; and the original appraisal opinion has procedural flaws such as the qualifications of the appraisal institution or the scope of the appraisal, requiring a reappraisal. When courts in Beijing handle such cases, they typically make a comprehensive judgment based on handwriting appraisal opinions, videos of the will-making process, medical records, and witness testimonies, rather than basing their decisions solely on a single appraisal conclusion. For cases involving changes in property ownership of real estate, reference can be made to the relevant provisions of the Civil Code of the People's Republic of China.Real estate sales and construction project services.

II. Key points of dispute

There are four key points of contention. Firstly, the application for appraisal and the burden of proof: The party claiming that the will is valid needs to prove the authenticity of the will, and the party denying the validity of the will should provide comparison samples for appraisal. Secondly, the scope of appraisal: Whether to appraise only the signature or the entire will (including the main text and date) directly affects the integrity of the conclusion. Appraising the entire will can usually better reflect the actual situation. Thirdly, the qualifications of the appraisal institution and the legality of the appraisal process: Whether the institution is in a normal state of practice when accepting the commission, whether the appraiser has the qualifications, and whether the samples are sufficient can all become grounds for cross-examination and applying for re-appraisal. Fourthly, the testator's capacity for action: Whether there are complete medical records and video evidence to prove that the testator was in a normal mental state at the time of making the will often determines the validity of the will together with handwriting appraisal. For appraisals of corporate documents, it can be combined with other evidence to determine the validity of the will.Business and contract dispute resolution services for enterprises.

III. Professional analysis by Henglue Law Firm

[Case Review] The decedent, Liu Shufen, and her husband, Zhao Yongjun, died in 1994 and 2021 respectively. In 1998, Liu Shufen purchased a house at No. 502 in Xicheng District, Beijing, under the housing reform policy, and the house was registered in her name in 2000, with a floor area of 63.8 square meters. Her grandson, Zhao Xin, claimed to inherit the house based on the handwritten will left by Liu Shufen on January 3, 2016. In the first-instance trial, the defendant, Zhao Juan, applied for handwriting identification. In August 2023, a judicial appraisal center issued an opinion concluding that the signature and date on the will were not written by Liu Shufen. Consequently, the court dismissed Zhao Xin's lawsuit.

[Focus of the dispute] First, the authenticity of the will and the legality of the original appraisal process; Second, the testator's capacity for action and the right to receive the bequest; Third, the ownership of the house and the effectiveness of the bequest.

[Lawyer's Strategy and Court's Rationale] Zhao Xin entrusted Attorney Li Yonghui of Beijing Henglu Law Firm to file an appeal. After reviewing the case, Attorney Li Yonghui found two key issues: First, the appraisal center was in the suspension period when it accepted the commission in June 2023, and its qualifications were questionable; Second, the original appraisal only focused on the signature and date, failing to cover the entire will. The appellate court adopted this opinion and ruled in June 2024 to revoke the original judgment and remand the case for retrial. During the retrial, the lawyer insisted on applying for a handwriting appraisal of the entire will. The new appraisal opinion confirmed that all the handwriting was identical to Liu Shufen's sample. The court determined that the appraisal process was legal and well-founded, and confirmed the authenticity of the will; as for Zhao Juan's defense of lack of capacity for action and abuse, the court did not accept it because she failed to submit sufficient evidence. Zhao Xin, as a grandchild, was not a legal heir. The will leaving the property to her for inheritance constituted a bequest, and she had explicitly accepted the bequest within 60 days after learning of it. The court ruled that the handwritten will's disposition of House No. 502 was valid, and the house would be inherited by Zhao Xin, with other heirs assisting in handling the change of registration. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Practical suggestions: First, seal the original will as soon as possible to avoid folding or staining that may affect the examination, and simultaneously collect the signatory samples of the decedent at the same period, such as bank documents, letters, diaries, and labor contracts; Second, apply for appraisal in writing within the evidentiary period and specify that the appraisal should cover the entire will rather than just the signature; Third, review the professional status of the appraisal institution and the qualifications of the appraiser, and raise objections to procedural flaws in a timely manner; Fourth, cooperate in submitting the video of making the will, medical examination and medical records, and form a complete chain of evidence with the appraisal opinion. The legal basis is Article 79 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022); Articles 30, 31, and 40 of the Supreme People's Court's Several Provisions on Evidence in Civil Procedure (amended on December 25, 2019 and implemented on May 1, 2020); and Article 1143 of the Civil Code of the People's Republic of China (implemented on January 1, 2021). For matters involving funds and property execution, relevant provisions may be referred to as needed.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

Handwriting authentication is not conclusive, and the procedural legality is often more crucial than the conclusion itself. This case shows that when the qualifications of the original authentication agency are questionable and the scope of authentication is too narrow, it is necessary to decisively apply for a re-authentication and expand the scope of authentication, which may be the key to reversing the result. At the same time, a reminder: the donee must make an acceptance statement within 60 days after knowing the bequest, and failure to do so will be regarded as a waiver; the party who raises objections to the testator's capacity for action bears the burden of proof, and if unable to provide evidence, he/she will bear adverse consequences. When making a will, it is recommended to write the entire text by hand, sign it, and indicate the year, month, and day, while recording the whole process on video and audio to reduce disputes over authentication at the source. If you need support in document storage and inheritance arrangements, you can contact us viaSpecial services and other case servicesObtain a solution.

VI. Frequently Asked Questions

Q1: Can a handwriting analysis of a will change the outcome of a court judgment?

Yes, but only if the appraisal opinion can overturn the original determination. According to Article 1143 of the Civil Code of the People's Republic of China, a forged will is invalid, and the content that has been tampered with is invalid. If the new appraisal confirms that the entire will was written by the decedent himself, the court will usually accept the validity of the will. Conversely, if the appraisal confirms that the signature was not written by the decedent himself, the party claiming the validity of the will will bear adverse consequences. It should be noted that the appraisal conclusion is just one piece of evidence. The court will also combine video footage, medical records, and witness testimonies to make a comprehensive judgment. A single piece of evidence may not necessarily determine the entire case.

Q2: What materials are needed to apply for a handwriting analysis?

There are mainly two categories. First, the inspection materials: the original will, and it is best to provide the complete document rather than a copy. Second, the samples: reliable materials written by the decedent at the same period, such as bank receipts with signatures, letters, diaries, work documents, labor contracts, medical records with signatures, etc. The samples should be as close in time and similar in writing conditions as possible to the inspection materials. In addition, you need to prepare identity certificates, proof of kinship, and appraisal application materials required by the court. Insufficient materials will directly affect the feasibility of the appraisal. It is recommended to collect and fix the materials under the guidance of a lawyer.

Q3: How much does it cost to conduct a handwriting analysis and engage in litigation?

The appraisal fee is charged by the appraisal institution according to the subject matter and the appraisal items, and it needs to be prepaid by the applicant. Generally, the appraisal institution will issue a fee list; if the appraisal conclusion is favorable to the applicant, the applicant may claim that the other party should share the fee. The litigation fee shall be paid in accordance with the "Measures for the Payment of Litigation Fees" by the disputed subject matter in stages. The losing party shall bear the litigation fee or share it according to the proportion of winning and losing. There is no unified government pricing for attorney's fees. Attorney's fees are usually charged per case or according to the proportion of the subject matter. The specific fees shall be subject to the provisions of the entrustment contract. Before initiating an appraisal, it is necessary to first evaluate the sample conditions and the possibility of the conclusion to avoid an imbalance between investment and returns.

Q4: How long does it take in total to complete the appraisal and litigation processes?

The appraisal period usually ranges from several weeks to several months, depending on the condition of the samples and the schedule of the appraisal institutions. If a re-appraisal is required, the time spent on it will be added to the total period. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), the first-instance ordinary procedure generally concludes within six months, but the appraisal period is not included in the time limit for trial; if the case is remanded for rehearing in the second instance, the time will be significantly extended. In this case, the case went through the process of being remanded for rehearing and then being tried again. Overall, inheritance cases involving appraisal often take more than a year from the filing of the case to the issuance of a final judgment.

Q5: If I disagree with the appraisal conclusion, what should I do next?

There are two approaches to address this issue. First, at the procedural level: review whether the appraisal institutions have the necessary qualifications when entrusted with the task, whether the appraisers possess the corresponding qualifications, and whether the extraction and preservation of the evidence and samples comply with regulations. If there are any flaws, applicants may apply for a re-appraisal in accordance with the law. Second, at the substantive level: according to Article 40 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", if the appraiser lacks qualifications, the procedure is seriously illegal, or the appraisal opinion is obviously based on insufficient evidence, applicants may apply for a re-appraisal. At the same time, supplementary evidence such as videos, medical records, and witness testimonies can be provided to weaken the probative force of unfavorable appraisal opinions. It is recommended to raise objections in writing with the assistance of a lawyer and explain the reasons for doing so.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 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 you encounter disputes, please consult a practicing lawyer in time.