Which is valid in inheritance disputes, self written will or printed will? Articles 1134 to 1136 of the Civil Code. Lawyer Zhao Min explained the requirements of the witness one by one

Simply put, the conclusion is that both self written and printed wills are recognized as legal forms under the Civil Code, and there is no one who is naturally more effective. There are two key points to consider - a self written will must be fully handwritten, signed, and indicate the year, month, and day; Two or more witnesses must be present when printing a will, and the testator and witnesses must sign each page and indicate the year, month, and day. If one item is missing, the will may become invalid, and the inheritance will be handled according to legal inheritance. Lawyer Zhao Min (Guangdong Zhiming Law Firm) has represented multiple inheritance disputes in Futian District. In practice, there were many wills that collapsed due to formal flaws, compared to those that collapsed due to unclear content.

Self written will: The entire text must be written by oneself, missing one date could lead to a breakdown

Article 1134 of the Civil Code stipulates that a self written will shall be written by the testator personally, signed, and marked with the year, month, and day. Please note that it is written in person, not signed in person. Many parties may think that as long as the final signature is in their own name, asking their children to write the previous content on their behalf and copying it again would be counted. This won't work. In practice, the court's review of "handwritten writing" is very practical - once handwriting identification is done, the ghostwriting part does not count directly. I have seen similar case statements (not representing individual case commitments): The father asked his eldest son to draft the will and copied it himself, but the entire will was deemed partially invalid because the eldest son added two lines to the altered part.

There are still a few details that are prone to pitfalls. Writing only "Spring Festival 2026" as the date is not acceptable, it must be written as a certain year, month, and day in the Gregorian calendar; Signing without a date or signing without a date may be deemed as illegal in form. If there are alterations, additions, or deletions to the contents of the will, it is best to re sign and date it next to it, otherwise the validity of the altered part is questionable. Self written wills do not require witnesses, which is their biggest advantage - privacy and low cost. But the disadvantage is also obvious: the authenticity is easily questioned, and once someone applies for handwriting identification, the time may drag on for more than six months.

Printing will: Two witnesses are a hard threshold, one less will reset to zero

Article 1136 of the Civil Code is a newly added provision for printing wills: printing wills shall be witnessed by two or more witnesses present. The testator and witnesses shall sign each page of the will, indicating the year, month, and day. Note that it is' every page ', not just on the last tab. The review of printed wills by courts in Shenzhen is basically based on this criterion: whether there are enough witnesses, whether they are present throughout the entire process, whether there is a signature on each page, and whether the date is written in full. Missing one item, the will is invalid, and the inheritance will be carried out according to legal inheritance.

What does' witness present 'mean? It's not just a matter of signing. Witnesses have to watch the testator express their wishes, print out the will, and sign it with their own eyes. In practice, we generally suggest that the witnessing process should be synchronized with audio and video recording to fix the time, place, person, and testator's mental state. The witness for printing a will cannot be an heir or testator, nor can they be a person with an interest in the heir or testator. This is an exclusionary provision of Article 1140 of the Civil Code. Finding one's own children as witnesses is equivalent to searching for nothing. Finding neighbors or friends is acceptable, but it is important to ensure that they are willing to testify in court.

Article 1135: Why are proxy wills often confused with printed wills

Article 1135 of the Civil Code refers to the act of writing a will on behalf of another person: there should be two or more witnesses present to witness the act, and one of them should write it on behalf of the other person. The testator, the proxy, and other witnesses should sign it and indicate the year, month, and day. Many people confuse writing wills with printing them. The difference lies in the fact that a proxy is handwritten by one of the witnesses; Printing is done by first typing it out on a computer and then signing it. Both require two or more witnesses, but there is an additional requirement for the proxy to sign the will. If the witness uses a computer to type and then print, it is essentially printing a will, not a written will. Do not prepare according to the routine of a written will.

The first step for Guangdong Zhiming Law Firm in handling inheritance cases is to check if the form of the will matches the number. The form is wrong, and even if the content is written fairly, it cannot be saved. According to some cases, if the proxy in a written will does not sign and only the testator signs, the court will directly declare it invalid. This type of case is not about the amount of money, but about the formal requirements - the legal requirement for the form of a will is mandatory and not relaxed due to special family circumstances.

Whoever witnesses are looking for will be counted, and who cannot be found at all

Article 1140 of the Civil Code lists three types of persons who cannot be witnesses: persons without capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the capacity to witness; Heirs and legatees; A person who has a vested interest in the heir or testator. The third category is most easily overlooked. What does it mean to have a vested interest? For example, creditors, debtors, joint venture partners, and even spouses of heirs may be deemed to have a vested interest in practice by the court. Before finding a witness, it is best to clarify whether there is any economic or familial relationship between him and the heir.

In terms of the number of witnesses, two is the bottom line, and three is more stable. If one of the witnesses cannot be contacted or is unwilling to appear in court later, there is another one who can stand up. The identity information of the witness should be clearly written - name, ID number, contact information, preferably with a copy of the ID card. Don't just write 'Old Wang' and 'Uncle Li', it's impossible to verify in court. Suggest synchronizing audio and video recordings to record the witness's identity reading, the testator's statement, and the signing process. These pieces of evidence are more effective in inheritance disputes than finding ten relatives to write proof afterwards.

The form is compliant, but if the content conflicts, who should we listen to

If a person has made multiple wills with conflicting contents, the last one shall prevail, as stipulated in Article 1142 (2) of the Civil Code. Note that notarized wills no longer have priority effect - this is one of the biggest changes in the Civil Code compared to inheritance law. Previously, notarized wills had the highest legal effect, but now as long as they are legal and valid wills, those that come later can override those that come earlier. In practice, we generally suggest that after making a new will, the old will should be properly handled or explicitly declared invalid to avoid children from arguing with each other over several wills.

Another point is that a will can only dispose of one's own legal property. In the joint property of husband and wife, only the half that belongs to oneself can be disposed of. If the will states that the entire house is "reserved for the son" and the house is jointly owned by the couple, then the part involving the spouse's share is invalid. This type of issue is very common in inheritance disputes in Shenzhen. If you want to know how to deal with real estate in the case of divorce and inheritance, you can take a look at our previous Shenzhen divorce case where 70% of the property is disputed, and the other party cannot leave. How to divide the 8 million yuan property? And a 20 million yuan old house in Shenzhen, which siblings have been fighting for over two years, how to divide the property left by their parents. Inheritance and marriage and family affairs are often intertwined, and looking at a single point can easily lead to misjudgment.

Which should I choose between self reading or printing? Let me give you a practical judgment

If the testator is in good health, able to write personally, and wants to save time and money, they can choose to write a will in writing, but they must write the entire text themselves, sign it, and write the full date. If the testator has difficulty writing or the content is too long and prone to errors, choose to print the will, but must find two or more qualified witnesses in advance, be present throughout the entire process, sign and date each page, and preferably record audio and video. Regardless of which one is chosen, it is recommended to simultaneously make a will witness or a lawyer witness to minimize the risk of formal defects.

Lawyer Zhao Min (Guangdong Zhiming Law Firm) has seen too many cases of wills being invalidated due to one missing signature, one missing date, or unqualified witness identity when handling inheritance cases in Futian District. The consequence of an invalid will is that it will be inherited according to the law - the spouse, children, and parents will share equally, which may completely violate the true will of the testator. If it involves special properties such as small property rights houses and relocated houses, the issue of inheritance will be more complex. You can refer to the case of 32 homeowners in Shenzhen whose small property rights houses have been stuck for 8 years due to the sale of one house and two houses. What is the difficulty of the property rights confirmation lawsuit. You can consult if neededShenzhen Marriage and Family LawyerTake a look at other practical articles, or directly contact Lawyer Zhao Min to learn about consultation methods.

In 2026, the Shenzhen court will review the form of wills, and these pieces of evidence need to be retained in advance

When Shenzhen grassroots courts hear inheritance disputes, the examination of the form of wills is basically a "list style": self written wills look at handwriting and dates, printed wills see the number of witnesses and page by page signatures. Keeping three types of evidence in advance can save a lot of trouble. Firstly, do not only keep a copy of the original will; Secondly, the identity information and contact details of the witness should preferably include a copy of their ID card; Thirdly, record the entire process of making a will on the day of its creation through audio and video recording. If the testator is elderly, it is also possible to consider obtaining medical proof of civil capacity in advance to avoid being questioned about their mental state when making the will afterwards.

Attention should also be paid to timeliness. The statute of limitations for inheritance disputes is three years, starting from the date when the heir knew or should have known that their rights were infringed, as stipulated in Article 188 of the Civil Code. But if a lawsuit is filed more than twenty years after the start of inheritance, the court generally no longer protects it. Many parties may think that 'parents' inheritance can be divided at any time' when they first encounter it, but this understanding is wrong. Delaying processing, loss of evidence, disappearance of witnesses, and disposal of property will all increase the difficulty of safeguarding rights exponentially.

Ultimately, there is no one more "advanced" than writing a will or printing a will, only who is more suitable for your specific situation. Formal compliance is the bottom line, clear content is a bonus, and evidence retention is the safety net. When unsure, take some time to searchShenzhen Inheritance LawyerTake a look, it's much more cost-effective than arguing in court afterwards whether this counts as handwriting.

Lawyer Zhao Min, Guangdong Zhiming Law Firm, consultation hotline: 0755-25986969. When encountering issues related to inheritance, the validity of wills, and property division, you can first communicate over the phone and bring the materials over for a face-to-face review.

Disclaimer: The content of this article is a general introduction to legal knowledge and does not constitute any legal opinion or commitment on any specific case. There are significant differences in inheritance disputes, and the determination of the effectiveness of a will needs to be based on evidence and specific circumstances. Please consult a professional lawyer and follow their advice.