[Direct answer]In the Beijing area, the latest will prevail—the Civil Code clearly states 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 full 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 litigation focuses on determining which will came later, and the other half focuses on determining which will is valid.

I. Problem Background and Typical Scenarios

In his old age, the elderly man made a notarized will giving the house to his eldest son, and in his later years, he was taken care of by his youngest daughter. He then handwrote another will giving the house to his daughter. After the elderly man passed away, the two wills were brought to court for litigation. In the old view, "notarized wills are the most binding", but in the era of the Civil Code, this common sense has become outdated. More family problems arise from the diversity of forms of wills: printed ones, videotaped ones, and verbally drafted ones. It's questionable which of these wills can stand up in court.

II. Key points of contention

First, the application of the priority rule of the last will. 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 skeleton of the rules: Article 1142 of the Civil Code sets out a three-tiered hierarchy—the testator may revoke or modify their will; if the testator performs civil legal acts contrary to the content of the will after making the will, such acts shall be deemed a revocation of the relevant provisions of the will (e.g., selling the house disposed of in the will while the testator is still alive will automatically invalidate the corresponding provisions of the will); if there are several wills that conflict with each other, the latest will shall prevail—succession is determined by timing rather than form. Second, "effectiveness" is conditional on "posteriority": if the latest will is legally invalid, the previously effective will shall prevail. All formal requirements must be met: - Handwritten wills must be written in full by the testator, signed, and dated; - Printer-printed wills require two or more uninterested witnesses present, with the testator and witnesses signing and dating each page; - Audio/video wills require two or more witnesses present, with the testator and witnesses recording their names or images and dates in the video; - Oral wills are limited to emergency situations, and if the emergency ends, the will must be formalized in another form; - Notarized wills must follow notarization procedures. Witness qualifications are verified simultaneously: heirs, donees, and their spouses, as well as other interested parties, are ineligible as witnesses—in practice, many "final wills" fail precisely due to witness disqualifications. Third, handling conflicts of scope: - Complete conflicts (disposing of the same property to different people in two wills) shall prioritize the latter; - Partial conflicts (e.g., disposition of property to daughter and savings to son) shall prioritize the latter while leaving the unconflicted provisions in effect; - Attachments to the will (e.g., "inheritance requires paying sister's tuition") shall remain in effect unless the heir fails to fulfill obligations, in which case the court may revoke the right to inherit the attached portion and handle the case as appropriate. Fourth, litigation defense and attack: - The party claiming the latest will must provide the original will, evidence of testator's capacity at the time of making the will (medical records, witness testimony, video), and evidence of the time of making the will; - The party challenging the latest will must provide evidence of the testator's incapacity (e.g., dementia diagnosis and comparison with the time of making the will), evidence of coercion or fraud, and detailed scrutiny of formal requirements (e.g., witness presence, missing dates, identity of printers); - Judicial practice focuses on reviewing video wills for "complete recording of name, image, and date," and printer wills for "signatures on each page"—details determine success or failure; - Case references: Xiaoshan Court ruled both printer and video wills valid, with the 2019-era video will prevailing in determining house ownership to the second son; Lin'kou Court similarly ruled the latest video will prevailing over notarized wills, clarifying that notarized wills no longer take precedence—both cases signal that will effectiveness in the Civil Code era depends on timing and formal requirements, not formality or hierarchy.

IV. Practical suggestions and legal basis

First, when making a will, ensure that all formal requirements are complete (witnesses, date, and signatures on each page). Second, when making a new will, state at the beginning of the document, "All previous wills are hereby revoked". Third, keep the evidence of legal capacity during the drafting process. Fourth, if a will conflict leads to litigation, apply for will verification and have witnesses testify in court as soon as possible. Main legal basis: Articles 1134 to 1139, 1142, and 1144 of the Civil Code of the People's Republic of China, and relevant provisions of the Interpretation of the Inheritance Chapter of the Civil Code by the Supreme People's Court (I). Specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three key points of will conflict: the last will takes precedence, and the notarized will no longer prevails; the formal requirements are the bottom line, and the qualifications of witnesses must be verified one by one; conflicting parts should be dealt with separately, and revocations of lifetime dispositions are also considered withdrawals. For disputes involving will making and inheritance, you 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 involved in the transfer of property ownership through inheritance, the following information may be helpfulProperty sales and construction projectsFor any questions regarding difficult situations, please feel free to consult us through the columnDivorce 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 case of conflict, the priority will be determined according to 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 process. The testator and the witnesses shall sign each page of the will and indicate the date and month of signing.

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

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

Q4: What would happen if someone sells the house they allocated in their will before their death?

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

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

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

This case is handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

The above content is based on the compilation of 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 for specific cases.

VII. Relevant public cases (for reference only, 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 outlets, 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 demolition 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 contents conflicted with each other, the latest will would prevail. The court therefore ruled that the house should be inherited by Han Liang.
[Source]China Court Online, August 2021 (2021-08)

[Case No.]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, designating 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 the last video will would prevail. 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 according to 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, so as to avoid missing the statutory time limit.Legal services for inheritance·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. In case of disputes, please consult a practicing lawyer in time.