In wealth succession, “having a will” does not mean “the will shall prevail.” Judicial statistics show that more than 60% of wills in inheritance disputes are deemed invalid due to procedural defects, ultimately resulting in intestate succession. Combining the new provisions of the Civil Code and real precedents, this article explains how to make a valid will that can withstand legal challenge.

I. Core Rule: Testamentary Succession Prevails over Intestate Succession

II. Six Forms of Wills and a List of Common Pitfalls

The Civil Code newly adds printed wills and video wills, and abolishes the absolute priority of notarized wills (the last lawful will shall prevail).

1. Holographic will

• Core requirements: Entirely handwritten by the testator, signed, and dated with year, month and day.

• Common invalidity reasons: Only signature without handwriting the full text; signature only on a printed document.

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2. Will by writing on behalf

• Core requirements: Two disinterested witnesses present throughout; written by a scribe; all persons sign and date.

• Common invalidity reasons: Witnesses leave midway; witnesses are heirs.

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3. Printed will

• Core requirements: Two witnesses present throughout the creation and printing; each page signed and dated.

• Common invalidity reasons: Document printed in advance and witnesses added later (lack of temporal and spatial consistency).

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4. Audio or video will

• Core requirements: Two witnesses appear on camera, state their names and the date; testator clearly expresses intent.

• Common invalidity reasons: Only the testator is recorded; date not recorded; witnesses do not appear.

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5. Oral will

• Core requirements: Only permitted in emergency situations; two witnesses required.

• Common invalidity reasons: Failure to execute a written or audio will after the emergency ceases.

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6. Notarized will

• Core requirements: Completed by a notary public in accordance with procedures.

• Common invalidity reasons: Unlawful content (e.g., depriving an heir without capacity for work and source of income of his compulsory share).

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III. Case Warnings: A Single Word Can Change the Distribution of Millions in Assets

Case 1: Printed will deemed invalid for “lack of temporal and spatial consistency”

Judgment: The court held the will invalid. Since no witnesses were present during the printing process, the requirement of temporal and spatial consistency was not satisfied, and the possibility of alteration could not be ruled out. The property was distributed by intestate succession, and Ms. Zhang received only a portion rather than the whole estate.

Case 2: Douyin private messages cannot serve as a will

Judgment: The chat record did not comply with any statutory form of will and was deemed invalid. The vehicle was divided equally between his remarried spouse and his daughter.

Case 3: Witness qualification violates legal prohibitions

Facts: An elderly person made a will by writing on behalf, with his son acting as the scribe and a neighbor as witness. Since the son was an heir and also the scribe, the will was directly invalidated due to improper witness qualification.

IV. Practical Suggestions for Making a Valid Will

4.Compulsory portion: A necessary share must be reserved for heirs who lack the capacity for work and have no source of income (e.g., disabled children, spouses without pension), otherwise that part shall be invalid.

In summary, a will is not merely a list of assets but a cornerstone for family harmony. Avoiding procedural pitfalls allows the law to safeguard one’s final wishes.