[Direct answer]In the Beijing area, the latest will prevail—the Civil Code clearly stipulates that if there are several wills with conflicting contents, the latest will shall prevail; at the same time, notarized wills no longer have priority effect (the rule that notarized wills prevailed over all others in the old law has been abolished). However, the term "latest" has two prerequisites: each will must be legally valid (with all formal requirements met, the testator having the capacity for action, and the expression of intent being genuine); the later will must be authentic and not subject to coercion or fraud. Therefore, in cases of conflicting wills, half of the litigations focus on determining which will was written later, and the other half focus on determining which will is valid.

I. Problem Background and Typical Scenarios

The elderly man made a notarized will early in his life, leaving the house to his eldest son. In his later years, he was cared for by his youngest daughter, and he handwrote another will leaving the house to his daughter. After the elderly man passed away, the two wills were litigated in court. In the old view, "notarized wills are the most binding", but in the era of the Civil Code, this common sense has changed. More family problems arise from the variety of forms of wills: printed ones, video ones, and oral ones. It's hard to determine which one is legally valid.

II. Key points of contention

First, the application of the priority rule for last wills. Second, the review of the formal requirements of various wills. Third, the handling of partial conflicts and complete conflicts. Fourth, the effectiveness of actions that contradict the will.

III. Professional analysis by Henglue Lawyers

First, the framework of the rules: Article 1142 of the Civil Code follows a three-tiered progression—the testator may revoke or modify their will; if the testator engages in civil legal acts contrary to the content of the will after making the will, it shall be deemed as a revocation of the relevant content of the will (for example, selling the house disposed of in the will before death will automatically invalidate the corresponding provisions of the will); if there are several wills with conflicting contents, the latest will shall prevail—precedence is determined by time, not form. Second, "effectiveness" is conditional on "later priority": if the latest will is not legally valid, the previous valid will shall prevail—formal requirements must be checked item by item: - Handwritten wills must be written in full by the testator, signed, and dated; - Proxied or printed wills require the presence of two or more uninterested witnesses and must be signed and dated by the testator and witnesses on each page; - Audio-visual wills require the presence of two or more witnesses, with the testator and witnesses recording their names or portraits in the video and indicating the date; - Oral wills are limited to emergency situations, and those that can be made in other forms after the emergency ends shall be deemed invalid; - Notarized wills must be processed in accordance with notarial procedures. - Witness qualifications are simultaneously verified: heirs, donees, and their spouses, as well as other interested parties, are not eligible to serve as witnesses—in practice, many "last wills" fail precisely due to witness disqualification. Third, handling conflicting provisions: - Complete conflicts (disposing of the same property to different people in two wills) shall prevail over the latter; - Partial conflicts: the conflicting provisions of the latter shall prevail, and the non-conflicting provisions of both wills shall coexist—for example, "giving the house to the daughter and the savings to the son" and a later will that also "gives the savings to the daughter" coexist, with only the savings provisions being updated; - For wills with obligations (e.g., "the inheritance must pay the sister's tuition"), if the heir fails to fulfill the obligation, the right to accept the portion subject to the obligation may be lost upon request by interested parties, and the court may handle the matter as appropriate. Fourth, litigation defense and attack: - The party claiming the latest will—fix the original will, evidence of the testator's capacity at the time of making the will (medical records, witness testimonies, videos), and evidence of the time of making the will; - The party challenging the latest will—capacity defects (comparing the diagnosis of dementia with the time of making the will), evidence of coercion or fraud, and item-by-item review of formal requirements (witness presence, missing dates, identity of proxies); - Judicial practice focuses on checking video wills for "complete recording of name, portrait, and date," and printed wills for "signatures on each page"—details determine success or failure; - Two case references: Xiaoshan Court ruled that both printed and audio-visual wills were valid, and the 2019-after video will prevailed in determining house ownership for the second son; Lin Kou Court similarly ruled that the latest video will prevailed in a notarized will vs. video will case, clarifying that notarized wills no longer take precedence—both cases convey the signal that will effectiveness in the Civil Code era depends on time and formal requirements, not formality or prestige.

IV. Practical suggestions and legal basis

The first step is to ensure that all formal requirements are complete when making a will (including witnesses, dates, and signatures on each page); the second step is to state in the beginning of the new will that "all previous wills are revoked"; the third step is to keep the evidence of legal capacity during the process of making the will; and the fourth step is to apply for will authentication and witness testimony as soon as possible if a will conflict leads to litigation. Main legal basis: Articles 1134 to 1139 and Article 1142 of the Civil Code of the People's Republic of China, and the relevant provisions of the Interpretation of the Inheritance Chapter of the Civil Code issued by the Supreme People's Court (I). The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key points regarding will conflicts: the last will takes precedence, and notarized wills no longer hold supremacy; formal requirements are the dividing line between life and death, and the qualifications of witnesses must be verified one by one; conflicting provisions are dealt with separately, and revocations of dispositions made during the testator's lifetime also count as withdrawals. Those involved in will drafting and inheritance disputes can seek resolution through legal channels.Inheritance of property and division of family assetsThe service provides a comprehensive solution, which includes the combination of notarization and witnessing of willsSpecial servicesFor those interested in property inheritance and transfer, you can refer to the relevant sectionsReal estate transactions and construction projectsFor any questions regarding difficult situations, you can consult the column for assistanceDivorce litigation and family disputesTeam.

VI. Frequently Asked Questions

Q1: Does a notarized will still have priority effect?

There's no such thing anymore; after the implementation of the Civil Code, notarized wills and other wills have equal legal effect. In the event of a conflict, the priority will be determined based on the time of execution.

Q2: Is it valid to print a will?

Valid; it requires the presence of at least two qualified witnesses to witness the act. The testator and the witnesses shall sign on each page and indicate the date and month of the signing.

Q3: What should I do if the last will and testament is not legally valid?

This document is invalid. Please return it and use the previous legally valid will instead.

Q4: What does it mean if the house allocated in the will is sold before the testator's death?

This is considered as a withdrawal of the relevant content of the will, and the part of the will in question becomes invalid.

Q5: How should we handle a will that contains conflicting provisions?

The provisions that contradict each other shall prevail, and the provisions that do not contradict each other in the various wills shall remain valid.

This case is 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.

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 Henglu Law Firm about specific situations.

VII. Relevant public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Xiaoshan District, Hangzhou City, Zhejiang Province
[Judicial Summary]In 2014, Mrs. Ni made a printed will witnessed by two grassroots legal workers, leaving the resettlement housing for the demolition and relocation to her youngest son, Han Ming. In 2019, she made a recorded video will witnessed by three lawyers, changing the beneficiary to her second son, Han Liang. The court ruled that both wills were valid, and when the content of the two wills conflicted with each other, the court would follow the latest will. The court ruled that the house should be inherited by Han Liang.
[Source]China Court Network, August 2021 (2021-08)

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Lin口 County, Heilongjiang Province
[Judicial Summary]In 2009, Liu * * * * * made a notarized will stipulating that all his personal property would be inherited by his remarried wife, Cheng * * * * *. In 2024, he made a video will stipulating that the house and savings would be inherited by his three children. The court, in accordance with the Civil Code, determined that the notarized will would no longer have priority and would be subject to the latest video will. The court ruled that the house would be returned to Cheng * * * * *, and Cheng * * * * * would pay the children a compensation fee. The savings and other assets would be distributed in accordance with the will.
[Source]The official website of the People's Court of Lin'kou County (2025)

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 limit.Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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.