[Direct answer]High risk. According to Article 1140 of the Civil Code, heirs, legatees, and individuals with a vested interest in the estate cannot serve as witnesses to a will; for wills requiring witnesses, such as written wills, printed wills, and audio/video wills, if the witnesses are close relatives of the beneficiaries or have a vested interest in the estate, the witnessing process will be seriously flawed, and the court will usually determine that the will does not comply with the statutory form and is therefore invalid. However, if the same will has more than two witnesses, at least two of whom are fully qualified, there is still a chance that it will be deemed valid. The outcome of the case will depend on the role of the flawed witnesses and the supporting evidence.

1. Problem background and typical scenarios

The elderly man left his property to his eldest son in his will, but the notary was actually the younger brother of his eldest daughter-in-law. After the elderly man passed away, the other children cited the Civil Code to argue that the witness had a vested interest and the will was therefore invalid. Witness qualifications are one of the most frequently cited grounds for invalidating a will in legal disputes over inheritance.

II. Key points of contention

First, how to define the scope of interests: whether close relatives, creditors and debtors, and joint business relationships count. Second, whether the defects in the witnessing can be corrected by other witnesses. Third, whether a handwritten will requires a witness. Fourth, the distribution of the burden of proof for the authenticity of the will and the formal defects therein.

III. Professional analysis by Henglue Lawyers

The first layer is to memorize the statutory prohibition list: Article 1140 of the Civil Code explicitly states that three types of people are not allowed to act as witnesses - people with no capacity for civil conduct, people with limited capacity for civil conduct, and other people who do not have the ability to witness; heirs and legatees; and people who have an interest in the heirs and legatees. Beneficiaries' close relatives such as spouses, parents, children, and siblings usually fall into the category of people with an interest in the inheritance; and the legatee's creditors and entities with whom he/she has significant economic transactions are also often recognized as having an interest in the inheritance in judicial practice. The second layer is that the key to whether the defects can be rectified lies in the structure: For a will requiring witnesses, the law requires the presence of at least two witnesses. If one of the witnesses is unqualified while the other is fully qualified and can prove that the qualified witness was present throughout the entire process of witnessing, some courts may still recognize the validity of the will; if both witnesses are unqualified or cannot prove that they were present throughout the entire process of witnessing, the formal invalidity is basically beyond doubt - this is why it is recommended to have an additional qualified witness when drafting a will. The third layer is that the thresholds for different forms of wills vary: A self-written will does not require witnesses, and it suffices to write it by hand, sign it, and indicate the date. The issue of witnesses does not constitute an obstacle; for a dictated or printed will, it is necessary for the witnesses to be present throughout the entire process, and for the testator and witnesses to sign and indicate the date on each page; for a recorded or videotaped will, it is necessary to record the names, portraits, and dates of the testator and witnesses in the recording - the more complex the form, the more devastating the impact of the qualification defects will be. Taking the inheritance cases handled by our firm as an example: In one case, the completeness of the form of the self-written will became the focus of the litigation. Attorney Yuan Hang of Beijing Henglu Law Firm proved through evidence that the will was written by hand, signed and sealed, and the witnessing process was complete, and combined with Article 1140 of the Civil Code to prove that the will was legally valid. Ultimately, the court ruled that the will was valid and supported the reasonable claims of the parties regarding the method of performance. This case was handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. The case provides two-way inspiration: when making a will, strictly screen the witnesses; when challenging the will, prioritize investigating the witnesses' qualifications and their presence during the process. Fourthly, the actual distribution of the burden of proof: the party claiming that the will is valid shall bear the burden of proof for both formal requirements and authenticity. Handwriting identification, video recording of the writing process, and notarization archives are all key supporting evidence. After the formal defects are confirmed, the corresponding part of the will that is invalid shall be handled in accordance with the statutory inheritance. The property will not necessarily flow in the direction expected by the statutory heirs. The redistribution may change everyone's share.

IV. Practical suggestions and legal basis

The first step is to select two or more witnesses with no vested interests when making a will and keep a record of their presence; the second step is to prioritize using a notarized will or a will witnessed by a lawyer to reduce the risk of defects; the third step is to first fix the witnesses' identities and evidence of their vested interests when challenging a defective will; and the fourth step is to evaluate the scope for rectification before deciding on a litigation strategy. The main legal basis: Articles 1135, 1136, 1137, and 1138 of the Civil Code of the People's Republic of China, and Article 1140 (effective as of January 1, 2021); the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding the qualifications of witnesses: the heirs, the legatees, and their interested parties are not allowed to act as witnesses, as their close relatives are likely to be implicated; if one of the two or more witnesses is disqualified, the entire group of witnesses will be deemed invalid; and a self-written will does not require witnessing, but the formal requirements must still be met. For matters involving the validity of wills and inheritance disputes, you can seek legal assistance through the following channels:\nInheritance of property and division of family assetsThe service provides a comprehensive solution, which includes reference materials for real estate transfer and property divisionProperty transactions and construction projectsA column that combines family conflict mediationDivorce litigation and family disputesCases involving plate tectonics and difficult legal consultationsSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can my son's father-in-law serve as a witness?

There is a high risk. He/she has a marital relationship with the beneficiary, and there's a high chance that he/she will be disqualified. It is recommended to choose another third party who has no interest in the matter at all.

Q2: Is a witness's incompetence a reason for the invalidation of a will?

Not necessarily. If the other witness is fully qualified and can prove that he/she was present throughout the entire process, there is a possibility that the evidence will be deemed valid. The outcome of the case will depend on the supporting evidence.

Q3: Do I need a witness for a handwritten will?

No, it's not necessary. A handwritten will can be written, signed, and dated by the testator himself, and the issue of the witness's qualifications does not affect its validity.

Q4: What are the requirements for signing a printed will?

The testator and the witnesses shall sign each page and indicate the date. Any missing pages or unsigned signatures may constitute formal defects.

Q5: How will the property be divided after the will is deemed invalid?

The invalid portion shall be handled in accordance with the statutory inheritance, and shall be equally distributed among the first-tier heirs, including spouses, children, and parents. However, the distribution may be adjusted based on special circumstances.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on 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.