When testamentary succession and statutory succession coexist, disputes often focus on the validity of the will, formal requirements, order of succession, and the scope of the estate. This article, based on judicial practice in Beijing, reviews the "four-line review" method and common evidence lists, and illustrates the conflict resolution path with typical cases.

I. Common Scenarios of Conflicts between Testaments and Statutory Succession

In practice, conflicts often manifest as: the existence of multiple wills of different forms; the will not covering all the estate; the will disposing of others' property or violating the mandatory reserved share provisions; and the authenticity and capacity to make a will being questioned.

II. Four-Line Review: Validity · Form · Content · Execution

  1. Validity Line: Whether the testator has full civil capacity and whether the expression of intention is genuine.
  2. Form Line: Whether the self-written, proxy-written, printed, audio-visual, or notarized wills comply with the statutory formal requirements.
  3. Content Line: Whether the disposition of property belongs to the testator's personal lawful property and whether a necessary share is reserved for the heirs who lack the ability to work and have no source of income.
  4. Execution Line: Whether the appointment of the executor of the will, the inventory of the estate, and the transfer procedures can be implemented.

III. Evidence List (It is recommended to prepare in advance)

  • Proof of identity relationship; the original will and materials of the will-making process; evidence of the scope of the estate; materials related to capacity and authenticity; and records of performance and consultation.

IV. Hengluo's Suggestions

When dealing with high-value estates such as real estate and equity, it is recommended to prioritize choosing a well-formulated will-making path and simultaneously clarify the boundaries of debts and jointly owned property.