Direct answer: Under China’s Civil Code, a will is valid only if it takes one of the five forms the law allows — handwritten, witnessed, printed, audio/video or notarized — plus a narrow oral form in emergencies — and each form has strict signing and witness rules.

The Five Forms of a Valid Will

Handwritten (holographic) will — Article 1134: written, signed and dated entirely in the testator’s own hand.

Witnessed will — Article 1135: two or more witnesses present; one person writes it; the testator, the writer and the other witnesses all sign and date it.

Printed will — Article 1136: two or more witnesses; the testator and the witnesses sign and date every page.

Audio/video will — Article 1137: two or more witnesses, who record their names or images and the date.

Notarized will — Article 1139: made through a notary office.

Oral will — Article 1138: only in an emergency, with two or more witnesses; it becomes invalid once the emergency is over and the testator can make a written or recorded will.

Witnesses, Reserved Shares and Later Wills

Article 1140 disqualifies certain witnesses: people with no or limited legal capacity, and — importantly — heirs, legatees and anyone with an interest linked to them, so a will witnessed by your own son is vulnerable. Article 1141 requires the will to reserve a necessary share for an heir who cannot work and has no source of income. Article 1142 lets a testator change or revoke a will; if several wills conflict, the last one prevails — a change from the old Inheritance Law, under which a notarized will automatically overrode later ones. Article 1143 makes a will invalid if the testator lacked capacity, was defrauded or coerced, or if the will was forged; tampered content is void.

A Practical Scenario

A foreign resident with property in China asks a friend to type a will and has it signed only by themselves. That may fail: a printed will under Article 1136 needs two witnesses and signatures on every page. Had it been handwritten and dated throughout, it could have stood as a valid holographic will.

Key Takeaway

Form is everything — choose the right type of will and keep every witness, signature and date in place, or the will may not be upheld.

FAQ

Q: How many witnesses does a will need in China?

A: Witnessed, printed and audio/video wills need at least two witnesses; a handwritten will needs none, but must be fully in the testator’s own hand.

Q: Can an heir witness the will?

A: No. Article 1140 disqualifies heirs, legatees and anyone with an interest linked to them.

Q: Can I change my will later?

A: Yes. Article 1142 allows you to change or revoke it; if several wills conflict, the last one wins.

Q: Does a notarized will override a later one?

A: No longer. Since the Civil Code, the last will prevails even over an earlier notarized will.

Q: Is a typed and signed will valid?

A: Only if it meets the printed-will rules: two or more witnesses plus signatures by the testator and the witnesses on every page.

Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512