[Direct answer]In the Beijing area, it is invalid—but only "this part" is invalid. A will can only dispose of the testator's own personal legal property. If it disposes of state, collective, or others' property, according to the rules of the judicial interpretation of the Inheritance Chapter of the Civil Code issued by the Supreme People's Court, this part of the will will be deemed invalid, and the validity of the remaining parts will not be affected. The most common situation is that the spouse's share of the couple's joint property is disposed of: the entire will will not be overturned. The court will first separate out the spouse's share, and then execute the part belonging to the testator according to the will.

I. Problem background and typical scenarios

The elderly man made a will, leaving all the houses registered in his name to his youngest son. The will was neatly written and had witnesses. After the old man passed away, his wife came with the marriage certificate and said, "This house was bought as a jointly owned asset during our marriage. Why should it all go to him?" This is a typical scenario where the disposition of the will exceeds its scope of authority. No matter how perfect the form of the will is, it cannot conceal the misalignment of ownership rights.

II. Key points of contention

First, the preliminary separation of the spouse's share in the joint property. Second, the partial invalidation of the boundary division, whether according to the value ratio or the overall subject matter. Third, the separation of the registered nominal person and the actual ownership. Registration under one's own name does not equate to personal ownership. Fourth, the impact of unauthorized disposition on the donees, and whether the rule of bona fide acquisition extends to wills.

III. Professional analysis by Henglue Lawyers

The alignment between the scope of testamentary disposition and ownership rights is demonstrated by the cases handled by Henglue Law Firm. In a testamentary inheritance dispute represented by Attorney Yuan Hang, Wang *5 drafted a self-written will to leave the house at No. 1506 in Fengtai District to his spouse, Zhou Min, and attached a condition to pay 1 million yuan to three relatives. The court ruled that the will was legal and valid, fully respecting his arrangements—this case held up because the disposed property indeed belonged to the testator and the attached obligation to pay was within his intentions. Another testamentary inheritance case represented by Attorneys Li Yonghui and Fu Xiaofei from Henglue Law Firm demonstrated the standard practice of aligning ownership rights: After Sun *1's death, his parents and wife, Huang *, disputed over two houses, savings, pensions, and insurance settlements. The parents also claimed that the marriage was invalid due to Sun's mental illness, aiming to inherit everything. The court ruled that the two houses were Sun's premarital personal property and were handled according to the will after his death (the house at No. 1042 in Chaoyang District was inherited by the parents, and the house at No. 1002 in Haidian District was inherited by Huang *). However, the savings, pensions, enterprise annuities, and provident funds were marital joint property. When dividing them, Huang's spouse's share was first extracted, and the remaining portion was then distributed as inheritance—premarital property and joint property, testamentary disposition and statutory inheritance were clearly separated in one judgment. Looking at the two cases together, the review of the testamentary's validity involves three filters: formal requirements, capacity for action, and disposition authority. Disposing of others' property (including the spouse's potential share in joint property and properties registered under a child's name with the child's funds) renders the corresponding portion invalid but does not affect the entire document. The party claiming invalidity must provide evidence of ownership, while the defending party should focus on the property's source, investment, registration, and agreements. It's also important to note that families with inconsistent registered ownership and actual ownership (such as properties registered under a child's name with parental funds) need to clarify this before drafting a will, otherwise the will cannot determine property rights. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to conduct a comprehensive review of the ownership of the proposed disposed property before making a will, checking the ownership of the property in three aspects: registration, investment, and acquisition during marriage. The second step is to either divide the jointly owned property or obtain the spouse's written confirmation before making a will. The third step is to assert claims in the order of "dividing the jointly owned property first, then inheriting" after disputes arise, to avoid treating the invalid part as the entire will. The fourth step is to retain ownership evidence such as investment certificates and family agreements. Main legal basis: Articles 1062, 1063, 1122, and 1133 of the Civil Code of the People's Republic of China (effective January 1, 2021); relevant provisions of the Interpretation of the Inheritance Chapter of the Civil Code by the Supreme People's Court (I) regarding the invalidity of the disposition of others' property in a will; specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three phrases that go beyond the scope of a will: A will can only dispose of one's own property. The part that exceeds the authority is invalid, but the entire document is not affected; for jointly owned property, the spouse's share should be separated out first before discussing inheritance; registering a name does not equal ownership. When drafting a will, it is necessary to conduct a property audit first. For disputes over the validity of a will, you can seek legal assistance through the following channels:\nInheritance and division of family assetsYou will receive a comprehensive solution for the service, which can be combined with issues concerning the marital property relationshipDivorce litigation and family disputesFor those involved in registering real estate under someone else's name, you may refer to the following information for reference.Property transactions and construction projectsFor any questions regarding the column or document preparation, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: What should I do if the will disposes of my spouse's share of the property?

The part involving the spouse's share is invalid, and the spouse may claim to separate it out first; the part of the share belonging to the testator himself shall still be executed according to the will, and the remaining estate shall be dealt with in accordance with the statutory inheritance.

Q2: If the will stipulates that the house registered under someone else's name be given to me, is it valid?

This part is invalid. The ownership of the house belongs to the registered right holder, and the testator has no right to dispose of it. If the actual investment is separated from the registration, the testator may claim the creditor's rights or ownership confirmation through the investment evidence, but the will itself cannot determine the ownership of the property.

Q3: Will the invalidity of a part of the will affect the entire will?

No. The invalidity only applies to the part of the disposition that exceeds the authority. The remaining content of the will will continue to be valid if the formal requirements and the testator's capacity to act are in place. The court will enforce the valid part of the will.

Q4: How much does it cost to claim that a will is invalid?

The litigation fees shall be charged according to the proportion of the subject matter of the inheritance dispute, and the attorney's fees shall be negotiated based on the needs of ownership investigation and appraisal. It is necessary to prepare all the ownership evidence before filing a lawsuit to avoid repeating the efforts after the invalid claims are rejected.

Q5: How to avoid the disposition of the will going beyond the legal scope?

Before making a will, make a list of property ownership and confirm the registration, investment, and acquisition time of each item. Confirm the ownership of joint property with your spouse. If there are assets held in someone else's name, clarify the ownership first and then make a will. If necessary, seek legal advice from a lawyer.

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, so as to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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 promptly.