How to Write a Valid Will in China: Legal Requirements 2026

Quick answer: A valid will in China must be made by a person with full civil capacity, express true intention, comply with one of the six legally recognized forms, and be properly executed. The key law is the Civil Code of the People's Republic of China (Book Six, Inheritance), which took effect on January 1, 2021, replacing the earlier Inheritance Law (1985). No will is valid unless it meets these strict requirements.

Step 1: Who can make a will? (Capacity and intention)

Under Article 1133 of the Civil Code, only a person with full civil capacity can make a will. This means:

1. Age: Must be at least 18 years old (or 16+ if self-supporting through labor).
2. Mental state: Must be mentally competent at the time of making the will. A person with dementia, severe mental illness, or under the influence of drugs/alcohol cannot make a valid will.
3. True intention: The will must reflect the testator's genuine wishes, free from fraud, duress, or undue influence (Article 1143).

Important: A will made under coercion or deception is void. If the testator later becomes incapacitated, a will made earlier while still competent remains valid.

Step 2: What property can be included?

Article 1122 of the Civil Code defines "inheritable property" as lawful personal property owned by the deceased at death. This includes:

• Real estate (apartments, houses, land-use rights)
• Bank deposits, stocks, funds
• Vehicles, jewelry, art, collectibles
• Intellectual property rights (royalties, patents)
• Business equity (shares in companies)

Excluded: Property owned jointly with a spouse (only the testator's share can be willed), property owned by others, and rights that terminate at death (e.g., personal service contracts).

Step 3: Choose the correct form (6 types under Civil Code)

The Civil Code recognizes six types of wills, each with specific requirements. Choose the one that best fits your situation.

1. Holographic Will (自书遗嘱)

Requirements (Article 1134):

1. Written entirely in the testator's own handwriting.
2. Signed and dated (year, month, day) by the testator.
3. No witnesses needed.

Caveat: If any part is typed, printed, or written by another person, it is invalid. Alterations or additions must be separately signed and dated.

2. Notarized Will (公证遗嘱)

Requirements (Article 1139):

1. Made before a notary public at a notary office.
2. The testator must appear in person (no remote notarization generally accepted).
3. Two witnesses must be present (but not required for the notary's own certification).
4. The notary drafts the will based on the testator's instructions, then both sign and seal.

Caveat: A notarized will is the most secure but can be revoked only by a later notarized will. A later holographic will cannot revoke a notarized will (Article 1142).

3. Witnessed Will (代书遗嘱)

Requirements (Article 1135):

1. Written by one witness (the "scribe") as the testator dictates.
2. Two or more witnesses must be present throughout.
3. The testator, the scribe, and all witnesses must sign and date the will.

Caveat: Witnesses cannot be: (a) persons without or with limited civil capacity, (b) heirs or legatees, (c) persons with an interest in the inheritance (Article 1140).

4. Audio-Video Will (录音录像遗嘱)

Requirements (Article 1137):

1. Recorded on a device (video or audio) with the testator speaking clearly.
2. Two or more witnesses must appear in the recording (both visually and audibly).
3. The testator and witnesses must state their names, the date (year, month, day), and that the recording is a will.

Caveat: The recording must be continuous and unedited. If the testator or a witness dies before the will is opened, the recording still stands if the requirements are met.

5. Printed Will (打印遗嘱)

Requirements (Article 1136):

1. The will is typed/printed on a computer or typewriter.
2. Two or more witnesses must be present.
3. The testator and witnesses must sign and date each page of the will.

Caveat: This form was introduced by the Civil Code in 2021. It does not require the testator to handwrite anything, but the signing on each page is critical. If one page is unsigned, the entire will could be challenged.

6. Oral Will (口头遗嘱)

Requirements (Article 1138):

1. Only permitted in extreme emergencies (e.g., imminent death, natural disaster, battlefield).
2. Two or more witnesses must hear the oral statement.
3. The will becomes invalid if the testator survives the emergency and can make a written or notarized will.

Caveat: This is the most fragile form. Courts require clear proof of the emergency and the exact words spoken.

Step 4: Avoid common pitfalls

1. No "forced heirship" exceptions: Under Article 1141, a testator must reserve a "necessary portion" of the estate for certain dependents: minor children, disabled children, and elderly parents who have no other means of support. If the will ignores them, it is partially invalid.
2. Spouse's share: If married, the surviving spouse is entitled to half of the marital property first (as community property under the Civil Code's marriage provisions). Only the testator's half can be willed.
3. Witness disqualification: The same person cannot be a witness to multiple wills if they are an heir. Always choose disinterested witnesses (e.g., neighbors, colleagues, notaries).
4. Language: Wills can be in any language, but if translated, both versions should be signed. For notarized wills, Chinese is standard.

FAQ (Frequently Asked Questions)

Q1: Can a foreigner make a will in China for Chinese property?
Yes. A foreigner with full capacity can make a will under Chinese law for property located in China. The will must comply with the Civil Code's formal requirements. For property abroad, the law of the property's location may apply.

Q2: Can I disinherit my spouse or children?
Generally yes, but with limits. You cannot disinherit a spouse from their community property share. For children, you can disinherit adult, able-bodied children, but you must reserve a "necessary portion" for minor children, disabled children, and dependent elderly parents. If you leave nothing to a dependent, the will is partially void.

Q3: What happens if I make a will but later marry or divorce?
Under Article 1142, marriage does not automatically revoke a pre-existing will. However, divorce does: if you divorce and your will names your ex-spouse as beneficiary, that part is treated as revoked (unless the will states otherwise). It is wise to update your will after any major life event.

Q4: Can I change or revoke my will?
Yes. You can revoke or change a will at any time while you have capacity. Methods: (a) make a new will that expressly revokes the old one, (b) physically destroy the old will with intent to revoke, or (c) make a later will that contradicts the earlier one (the later will prevails for conflicting parts). Exception: a notarized will can only be revoked by a later notarized will.

Q5: How do I prove the will is valid after death?
The executor or an heir must present the will to a notary or court. For holographic wills, handwriting experts may verify the signature. For witnessed wills, the witnesses may be called to testify. If there is a dispute, a court will examine the will's form and the testator's capacity at the time of making.

Practical steps to create your will

1. List your assets and debts – including real estate, bank accounts, investments, and liabilities.
2. Decide who gets what – name specific beneficiaries (individuals or charities). Avoid vague terms like "my children" without naming them.
3. Choose the will form – for simplicity, a holographic will works. For high-value estates, a notarized will is safest.
4. Draft the will – include your full name, ID number, date of birth, and a statement that you are of sound mind. List each asset and beneficiary clearly.
5. Execute properly – sign and date (for holographic) or have witnesses sign (for witnessed/printed/audio-video). Keep the original in a safe place (safe deposit box, with a lawyer, or at a notary).
6. Notify your executor – tell a trusted person where the will is stored. If you have no executor, the court will appoint one.

Legal basis summary

The primary law is the Civil Code of the People's Republic of China (2021):

• Articles 1133-1144: Will making, forms, revocation

  Have a specific question? Ask Fa Xiao An for free.

  Ask Fa Xiao An →