[Direct answer]In the Beijing area, it should be viewed from two perspectives: Formally, as long as the will complies with the statutory formal requirements of the Inheritance Chapter of the Civil Code (self-written, proxy-written, printed, notarized, etc.), leaving personal property to anyone, including extramarital lovers, through a will or bequest is not automatically invalid due to their status. However, in reality, such cases often fail due to public order and good morals. If the will is made with the purpose of maintaining an improper relationship and disposes of the spouse's share of the marital property, the court may, in accordance with the boundaries of Article 153, Paragraph 2, and Article 1133 of the Civil Code, determine that the relevant disposition violates public order and good morals and is invalid, or only partially valid within the scope of the person's personal property.

1. Problem background and typical scenarios

After the elderly person passed away, a person claiming to have been by their side for many years emerged, holding a will that left the property to himself/herself. The spouse and children faced not only an emotional shock, but also a battle to protect their assets. The core of such cases has never been whether a will should exist, but whether the will can stand up to scrutiny in terms of its form and content.

II. Key points of contention

First, the completeness of the formal requirements of a will: the signature, date, and witnesses required for a self-written, proxy-written, or printed will. Second, the ownership of the property being disposed of: whether it is personal property or marital joint property. Third, the review of the motives for making a bequest in accordance with the principle of public order and good morals. Fourth, the rule requiring the donee to accept the bequest within two months.

III. Professional analysis by Henglue Law Firm

The first layer, the formal requirements are the first hurdle: a handwritten will must be written by the testator himself, signed and dated; for a will written by a proxy or printed, it must be witnessed by two or more witnesses without any vested interests; the testator must have full civil capacity and express his true intention—formal defects are the most common and easily attackable loopholes. The party claiming the will's invalidity should first verify the original document, the writing materials, and the signing process. The second layer, the ownership review determines the scope of disposition: real estate and deposits acquired during the marriage are generally marital joint property, and the testator can only dispose of his/her own share. Bequeathing the entire property to others exceeding his/her personal share is invalid, and the spouse can claim partition and inheritance. The third layer, the substantive review of public order and good morals: in judicial practice, if the testator has maintained an extramarital relationship with the donee for a long time and the purpose of the will is to maintain that relationship or exclude the spouse's legitimate rights and interests, many courts deny the validity of the bequest based on the provisions of the Civil Code on public order and good morals; however, there are also cases where the courts supported the bequest when the testator has been separated from his/her spouse for many years, the property ownership is clear, and the expression of intention is true—the judicial outcome highly depends on the evidence of motivation and property structure. In Beijing, whether the bequest violates public order and good morals is also a key review point. Take the inheritance case handled by our firm as an example: In July 2023, Wang * drafted a handwritten will, leaving a house in Fengtai District to his spouse, Zhou Min, but with the condition that after selling the house, he would pay a total of 1 million yuan to three relatives. The three siblings sued for immediate auction and division. Our lawyer, Yuan Hang, firmly established the formal validity of the will and proposed a performance plan of transferring ownership first and selling the house within five years based on the property valuation of approximately 4.5 million yuan. The court ruled that the will was legal and valid, and the house was to be inherited by Zhou Min and transferred ownership by January 14, 2025, with the payment of 1 million yuan due by 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 authority) acts as the agent. The case reveals that the key factors determining the outcome of a will case lie in the formal requirements and ownership evidence. Emotional narratives cannot replace legal review. At the fourth level, it is important to avoid pitfalls in procedural time limits: the donee should make a declaration of acceptance within 60 days after learning of the gift, and failure to do so within the time limit shall be deemed a waiver. This time limit often becomes a dividing line for disputes.

IV. Practical suggestions and legal basis

The first step is to retrieve the original will and verify the formal requirements and writing traces item by item; the second step is to sort out the ownership of the property and identify the spouse's share; the third step is to collect evidence of the motives for making the will and family relationships, and evaluate the defense of public order and good customs; the fourth step is to pay attention to the 60-day acceptance time limit and the statute of limitations for litigation. Main legal basis: Articles 153, 1123, 1133, 1134 to 1139, 1124 of the Civil Code of the People's Republic of China (effective from January 1, 2021); the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three pieces of advice for bequeathing to a lover: First, screen the formal requirements and separate the ownership from the spouse's share; Second, public order and good customs are the main battlefield of substantive review, and the evidence of motivation determines the success or failure; Third, the donee shall express his/her intention within 60 days after receiving the bequest, and failure to do so within the time limit shall be deemed as a waiver. For cases involving the validity of wills and inheritance disputes, you can seek legal help through the following channels:Inheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the division of marital property in the context of a divorceDivorce litigation and family disputesA reference for the transfer of real estate ownershipProperty transactions and construction projectsColumn, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Are wills with formal defects necessarily invalid?

Major defects such as missing signatures, no dates, and witnesses having vested interests usually lead to invalidity. However, there is still a possibility that the authenticity of the contract can be proven by additional evidence, which requires case-by-case assessment.

Q2: Can the will distribute the spouse's share of the estate?

No. The spouse's share of the marital joint property does not belong to the testator's estate. Any disposition of the excess portion is invalid, and the spouse may claim a partition of the property.

Q3: What is the public order and good customs defense?

It refers to the claim that the bequest is intended to maintain an improper relationship, which violates public order and good morals. To request the court to determine the relevant disposition as invalid, it is necessary to submit evidence of the relationship and the motive behind it.

Q4: When is the donee considered to have accepted the gift?

It is understood that the recipient must express his/her acceptance in writing or verbally within sixty days after receiving the gift, and failure to do so within the time limit shall be deemed as a waiver of the right to accept the gift.

Q5: What should the spouse do first after discovering the will?

Immediately verify the original will and its formal requirements, sort out the scope of the couple's joint property, and file a lawsuit for inheritance disputes within the statute of limitations. If necessary, apply for property preservation to prevent the transfer of ownership of the house.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence 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 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 case of disputes, please consult a practicing lawyer in time.