[Direct answer]A notarized will can be revoked or amended. According to Article 1142 of the Civil Code of the People's Republic of China, a testator may revoke or amend the will they have made. If there are several wills with conflicting contents, the latest will shall prevail, and the notarized will shall no longer have priority effect. However, it should be noted that if the legal facts occurred before the implementation of the Civil Code (before January 1, 2021), the original rule of priority effect of notarized wills in Article 20 of the Inheritance Law of the People's Republic of China shall still apply. It is recommended to handle the amendment by making a new will or expressly revoking the original will, and to properly preserve the original will and the revocation certificate. For more details, please refer toLegal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

Many elderly people, after executing a notarized will in their early years, want to redistribute their assets due to changes in their family situation, but mistakenly believe that "notarized wills are the most binding and cannot be changed". In practice, common scenarios include: first making a notarized will to give the house to the eldest son, then wanting to change it to the daughter who is more filial; or making multiple wills that conflict with each other, with family members holding different opinions. The differences in rules before and after the implementation of the Civil Code are at the core of such disputes. Notarized wills executed before 2021 may still take precedence, while those executed after that date will be governed by the latest will. Clarifying the time points and withdrawal methods is essential to avoid the estate being executed according to the old wishes and against the testator's true intentions.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, the time node: the rules are different before and after the implementation of the Civil Code. Before its implementation, notarized wills had priority, but after its implementation, this priority was abolished. Secondly, the withdrawal method: whether the testator withdraws the original will by means of a new will, an explicit act, or by destroying the original will. Thirdly, multiple conflicting wills: when the contents conflict, the last one made shall prevail, except for notarized wills made before its implementation. For cases involving the registration of estate property, reference can be made to the relevant provisions.The official website of Beijing Henglu Law FirmBased on the practical explanations of inheritance cases, it is necessary to plan the updating of the will in advance when necessary.

III. Professional analysis by Henglue Lawyers

Based on the practice of will inheritance handled by our firm, conflicts over the validity of multiple wills are a frequent type of dispute. In a will inheritance dispute handled by Attorney Zhu Guiyin, the decedent, Wang Zhiguo, and his wife, Zhang Hua, jointly executed a notarized will in 2002, stipulating that the decedent's share of the house would be inherited by their daughter, Wang Li, and attaching the obligation for Wang Li to pay 100,000 yuan to their son. However, in 2006, Zhang Hua executed a handwritten will, leaving all the house to their son, Wang Ming. Wang Ming's son sued based on the 2006 handwritten will, while Wang Li entrusted Beijing Henglu Law Firm to represent her and argued that the original Inheritance Law of the People's Republic of China stipulates that the validity of notarized wills takes precedence. The court accepted this argument, determining that the notarized will was valid and that the handwritten will could not revoke the notarized will, thus rejecting all the plaintiff's claims. This case was handled by Beijing Henglu Law Firm.Zhu GuiyingThe lawyer (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acts as the agent. It is worth noting that after the Civil Code came into effect on January 1, 2021, the priority of notarized wills has been abolished, and the latest will shall prevail. However, the legal facts of this case occurred before the implementation of the new law, so the rules at that time still apply. For matters involving the transfer of real estate, it can be followed up accordingly.Real estate sales and construction project servicesHandle it.

IV. Practical suggestions and legal basis

The legal basis is Article 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021) (the revocation and modification of a will shall be governed by the last will); Article 20 of the original Inheritance Law of the People's Republic of China (effective October 1, 1985) (the notarized will shall have priority, and other forms of wills shall not revoke or modify the notarized will); and the supporting rules on the connection between new and old laws in the "Provisions of the Supreme People's Court on the Application of the Time Effect of the Civil Code". Practical advice: If you want to modify a notarized will, you should explicitly revoke the original intention in a new notarized will or a self-written or proxy-written will; the notarized will made before the implementation of the new law shall still have priority, and the modification must comply with the effective methods at that time; and properly keep the original will and the revocation certificate. For cases involving multiple wills, you can combine them together for sorting out.Special services and other case servicesEvaluate the effectiveness hierarchy.

5. Henglu Law Firm's Reminder

The key to amending a notarized will lies in ensuring both "timeliness" and "compliance with legal procedures". The first step is to confirm the time of making the will and the applicable legal provisions; the second step is to amend it with a new will or an explicit withdrawal of the original will, to avoid just regretting it verbally; the third step is to ensure that the content of the new will is clear, unambiguous, and consistent with the original intention; the fourth step is to retain the original will, the new will, and the withdrawal records to prevent disputes among family members. For matters involving the execution of the will and the distribution of the estate, it can be followed up accordingly.Business and contract dispute resolution services for enterprisesOther arrangements for family matters. Early standardization and early evidence preservation can ensure that the true intentions are successfully implemented during inheritance, and avoid being constrained by the old will due to differences in rules.

VI. Frequently Asked Questions

Q1: Can a notarized will still be overridden by a subsequent self-written will?

It depends on the time of making the will. According to Article 1142 of the Civil Code (effective from January 1, 2021), if there are several wills with conflicting contents, the latest will shall prevail, and notarized wills will no longer have priority. Therefore, notarized wills made after the implementation of the Civil Code can be amended by later handwritten wills. However, for legal facts that occurred before the implementation of the Civil Code, Article 20 of the original Inheritance Law still applies. Handwritten, proxy, and other wills cannot revoke or amend notarized wills, and notarized wills will take precedence. Therefore, the same later handwritten will may be invalid before 2021 and valid after that, depending on the time of making the original notarized will and the applicable legal provisions.

Q2: What materials are needed to revoke a notarized will?

The core materials include: the original notarized will, the testator's identity certificate, the new will (notarized or self-written or written by a proxy) and the witness's information, the proof of the true intention to revoke or modify the will (such as a written statement or a video), and the proof of the heir's relationship. If the revocation is done by an explicit act, the certificate of destruction or modification should be preserved. The evidence organization focuses on three points: "the testator's capacity for action is intact, the intention to revoke is true, and the form of the new will is complete". Only when the materials are complete can the effectiveness of the modification be firmly established; if the form is lacking, it may be claimed that the original notarized will is still valid.

Q3: What are the attorney fees and litigation costs for disputes over the validity of a will?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation subject. In inheritance cases, the fees are calculated based on the value of the disputed estate, and are borne by the losing party or shared proportionally. The attorney's fees are determined based on the complexity of the case, the value of the estate, and the workload, either on a fixed-fee basis or as a percentage of the litigation subject. The specific fees are subject to the terms of the engagement contract, and there is no uniform standard. For some cases, the fees can be negotiated. It is recommended to clarify the scope and stages of fees before entrusting the case, weigh the litigation costs against the estate benefits, timely assert the priority of the effectiveness of multiple wills, and focus on the core disputes.

Q4: How long does it usually take to litigate to revoke a notarized will?

Civil litigation in the first instance shall be concluded within six months under the ordinary procedure and within three months under the summary procedure; where the facts of the review of the validity of the will are clear, the summary procedure shall be applied more often. If it involves handwriting identification, witness attendance, or disputes over the application of new and old laws, the period will be extended. The second instance generally takes three months. After the judgment takes effect, the enforcement process begins, the time of which depends on the status of the estate. Overall, it often takes several months from filing a lawsuit to determining the validity of the will. It is recommended to apply for evidence preservation and witness testimony in the litigation to prevent the original documents from being lost or the witnesses from losing contact, so as to shorten the trial period.

Q5: I want to amend the notarized will I made in the past. What's the first step to do this?

It is recommended to proceed in four steps: First, confirm the time when the original notarized will was made to determine whether the new regulations of the Civil Code apply; Second, use a new will (it is recommended to still use notarization or standardize the self-written or proxy-written will with witnesses) to clarify the intention of modification and indicate the withdrawal of the original intention; Third, properly keep the original notarized will, the new will, and the revocation records to avoid family members having different opinions; Fourth, when necessary, consult a professional lawyer to evaluate the order of effectiveness and applicable law. If professional assistance is needed, a will update plan can be developed in combination with special services to ensure that the modification is legal and effective and the intention can be implemented.

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 situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits.Legal services for inheritance·Attorney Zhu Guiying·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 the event of a dispute, please consult a practicing lawyer in a timely manner.