[Direct answer]In the Beijing area, oral wills made in emergency situations are legally recognized, but the requirements are strict and they are of a temporary nature. According to Article 1138 of the Civil Code of the People's Republic of China, the testator may make an oral will in an emergency situation, and there must be at least two witnesses present to witness it; after the emergency situation is resolved, if the testator can make a will in writing or by audio or video recording, the oral will made will be invalid. The witnesses must have full capacity for civil conduct and have no interest in the inheritance. Oral wills are only for emergency situations. It is recommended to make a standard will as soon as possible after the emergency is resolved. For more details, please refer to the relevant provisions of the Civil Code of the People's Republic of China.Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

Oral wills often arise in sudden life-threatening situations, such as sudden serious illness, being trapped in natural disasters, or severe injuries from accidents, leaving the testator no time to write a written will. Typical problems include: only family members present relaying the will; no qualified witnesses; the testator surviving after the emergency is over but failing to make a written will, resulting in the invalidation of the disposition; and the witness being the inheritor himself, leading to disputes over the validity of the will. Many people mistakenly believe that "a last statement before death" is necessarily valid, ignoring the rules of witnessing and invalidation. Oral wills are statutory exceptions, and must strictly meet the conditions and formalities. Otherwise, the estate will be handled according to statutory inheritance, which may not conform to the testator's wishes.

II. Key points of contention

The focus of the controversy centers on three points. Firstly, the determination of an emergency situation: whether it is truly a life-threatening state in which it is too late to make a will in other forms. Secondly, the qualification of witnesses: more than two unrelated individuals with full civil capacity must be present, and the heirs and their close relatives are not allowed to serve as witnesses. Thirdly, the invalidation rule: once the crisis is resolved and the testator can make a will in writing or by audio or video recording, the oral will automatically becomes invalid. For matters involving the scope of the estate and real estate registration, reference can be made to the relevant provisions.The official website of Beijing Henglue Law FirmBased on the practical explanations of inheritance cases, it is necessary to plan the form of the will in advance when necessary.

III. Professional analysis by Henglue Lawyers

Based on the practice of will inheritance handled by our firm, the form of the will is directly related to the determination of its validity in emergency situations. In a will inheritance dispute represented by Attorney Yuan Hang, the decedent, Wang *5, made a self-written will in July 2023, stipulating that his 88-square-meter house at No. 1506, Fengtai District, would be inherited by his spouse, Zhou Min, with the condition that Zhou Min would pay a total of 1 million yuan to his three siblings after selling the house. The three siblings sued for the immediate auction and division of the sale proceeds. The core dispute was the manner and deadline for the performance of the "payment after selling the house" clause. The court ruled that the will was legal and valid, and determined that the house would be inherited by Zhou Min and transferred to her ownership before January 14, 2025. Zhou Min was required to pay the 1 million yuan no later than July 14, 2029. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that a formally complete will is protected by law. Correspondingly, an oral will, according to Article 1138 of the Civil Code, requires the presence of two or more witnesses, and it becomes invalid once the emergency situation is resolved and can be made in other forms. It is only suitable for emergency situations. For cases involving the transfer of real estate inheritance, 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 1138 (oral wills and their invalidation) and Article 1143 (circumstances in which a will is invalid) of the Civil Code of the People's Republic of China (effective January 1, 2021); and the supporting rules on emergency situations and witness qualifications in the Interpretation (I) of the Inheritance Chapter of the Civil Code by the Supreme People's Court. Practical suggestions: Immediately invite two completely civilly capable individuals without any vested interests to witness when in an emergency; promptly make a new will in the form of a handwritten document, a printed document, or an audio/video recording after the crisis has been resolved; avoid having the heirs serve as witnesses; and make the oral content as specific and clear as possible. If there are conflicts between multiple wills, they can be resolved in combination with other relevant provisions.Special services and other case servicesEvaluate the order of effectiveness.

5. Henglu Law Firm's Reminder

The emphasis of an oral will lies in its "temporary and supplementary" nature. The first step is to confirm that the situation is truly urgent and there is no time to make a will in other forms; the second step is to invite two qualified witnesses to be present and exclude the heirs and their close relatives; the third step is to make a written or audio/video will as soon as the crisis is over, rendering the oral will invalid to avoid disputes; and the fourth step is to ensure that the content is specific, unambiguous, and consistent with the original intention. For matters involving will execution and estate distribution, it can be seamlessly connected with subsequent procedures.Business and contract dispute resolution services for enterprisesOther arrangements for the execution of family matters. Making a will and obtaining a notarization certificate as early as possible can ensure that one's true intentions are successfully implemented upon inheritance, and avoid the situation where the oral will becomes invalid and the inheritance is handled according to the statutory provisions.

VI. Frequently Asked Questions

Q1: Are oral wills made in emergency situations valid?

It is valid, but it must meet the strict requirements of Article 1138 of the Civil Code: the testator must make an oral will in an emergency situation, and there must be at least two witnesses present to witness it; the witnesses must have full capacity for civil conduct and have no interest in the heirs. If it is merely relayed by family members without qualified witnesses, it is usually invalid. An oral will is a statutory exception, applicable to life-threatening situations where it is too late to make a will in other forms, and it cannot be used routinely. It is recommended to immediately arrange qualified witnesses in an emergency and keep the on-site evidence to avoid the failure of the disposition intention due to formal deficiencies.

Q2: What evidence do I need to prepare for a dispute over an oral will?

The core evidence includes: the identity information of more than two witnesses and proof of their lack of interest in the inheritance, medical or on-site certificates of the emergency situation (such as a notice of critical illness, accident records), witnesses' written or oral statements about the oral content, proof of the testator's capacity for action, and the disputing party's rebuttal materials. The organization of the evidence revolves around four points: "the emergency situation is true, the number of witnesses is sufficient, the content is clear, and the testator's true intention". If there are formal deficiencies, it can be claimed that the oral will is invalid and the inheritance should be handled in accordance with the law; only with systematic materials can the validity of the will be firmly established.

Q3: How much are the attorney fees and litigation costs for a will inheritance lawsuit?

The litigation fees are calculated according to the litigation object value in stages, as stipulated in the "Measures for the Payment of Litigation Fees". 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. Lawyer'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 object value, subject to the terms of the retainer agreement. There is no standardized fee structure. For some cases, the fee arrangement 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, promptly claim the invalidity of oral wills with obvious formal defects, and focus on the core disputes.

Q4: How long does it usually take to resolve disputes over the validity of oral wills?

Civil litigation in the first instance shall be concluded within six months in the ordinary procedure and within three months in the summary procedure; where the form of the will is reviewed and the facts are clear, the summary procedure shall be applied more often. If it involves the witness appearing in court, the appraisal of critical situations, or conflicts with other wills, the period will be extended. The second instance generally takes three months. After the judgment takes effect, the enforcement phase begins, the duration of which depends on the status of the estate. Overall, it often takes several months from filing the lawsuit to determining the validity of the will. It is recommended to apply for evidence preservation and witness testimony in the litigation to prevent witnesses from losing contact and shorten the trial period.

Q5: When my family member is in a critical condition, I want to help him/her make an oral will. What should I do first?

It is recommended to proceed in four steps: First, confirm that it is indeed an emergency and there is no time to make a will in writing or by audio or video recording; Second, immediately invite two witnesses who have no interest in the inheritance and have full capacity for civil conduct to be present, excluding the heirs and their close relatives; Third, the testator clearly verbally expresses his or her wishes for the distribution of the estate, and the witnesses record it on the spot or confirm it in writing afterwards; Fourth, as soon as the crisis is resolved, make up for the lack of a self-written, printed, or audio/video will as soon as possible, so that the oral will will be legally invalidated. If professional assistance is needed, a will plan can be formulated in combination with special services to ensure that all necessary elements are complete and the wishes 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, so as to avoid missing the statutory time limits. →Inheritance legal services·Attorney Yuan Hang·Beijing Henglu 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.