Drawing on extensive experience in handling will dispute cases represented by Wumei Law Firm, the persistently high volume of testamentary inheritance disputes mainly stems from the following root causes: many persons are unaware of how to validly make a will; frequent and legally non-compliant amendments to executed wills; improper custody of made wills; and the absence of an effective will execution mechanism.
In response, Wumei Law Firm offers the following practical suggestions to take preventive measures and avoid testamentary inheritance disputes altogether:
1. Make a will as early as possible for harmonious wealth inheritance
A will fully embodies the testamentary freedom of the testator. By making a will, the testator may freely arrange matters such as the scope of heirs, inheritance shares, and the order of inheritance.
In judicial practice, it is common that the decedent dies intestate, giving rise to inheritance disputes among heirs after his death, which often leads to estrangement between siblings and hostility between parents and children. To prevent family members from falling out and resorting to litigation over estate inheritance, legal professionals advise everyone to make a will at an early stage so as to ensure harmonious intergenerational wealth transfer.
2. Prefer holographic wills; engage witnesses where necessary
Compared with other forms of wills, a holographic will has the following advantages:
- It is extremely convenient and efficient to make, amend and revoke. A holographic will only requires the testator to write it entirely in his own handwriting, with no need for notarization or witnesses. The testator may therefore make, modify or revoke it at any time.
- Low cost of execution. Notarized wills and attested wills entail fees for notarization and drafting services, while a holographic will can be completed by the testator himself at minimal cost.
- Highest confidentiality. It can be made without the participation of any third party, enjoying the strongest confidentiality among all types of wills.
It should be noted that if the testator worries that the will may trigger future disputes — for instance, if the testator was ill at the time of making the will and heirs may challenge his capacity for civil conduct, or if the will contains obvious preferential arrangements whereby heirs with little or no inheritance share may claim the will is invalid — the testator may appoint witnesses simultaneously to strengthen the validity of the holographic will.
Under the provisions of the former Succession Law of the People’s Republic of China, notarization or witness attestation is not mandatory for a holographic will. Nevertheless, appointing witnesses is a cost-effective way to preempt potential disputes.
3. The selection of witnesses is crucial regardless of the will form adopted
A will witness is a third party entrusted by the testator to attest the authenticity of the will. The Succession Law imposes strict qualification requirements on will witnesses:
- First, a witness must have full capacity for civil conduct;
- Second, a witness must not be an heir or legatee;
- Third, a witness must have no interest relationship with any heir or legatee.
4. Properly keep the will in an appropriate manner after execution
Common ways of will custody include personal safekeeping and entrusted safekeeping. The testator may properly inform heirs of the existence of the will, while avoiding premature disclosure of its contents. This prevents disputes among heirs or even conflicts with the testator himself due to dissatisfaction with estate disposal arrangements before the will takes effect.
For proper safekeeping, it is advisable to entrust a professional institution with will custody. The optimal arrangement is to combine will custody with professional will execution services.