Notaries shall carefully examine and confirm the authenticity and legality of various forms of wills according to the basic requirements of Article 17 of the Inheritance Law. A self-made will shall be written and signed by the testator, indicating the year, month and day.

When examining whether a self-made will was written by the testator, it should be based on the premise that there is no dispute between the testator and the legal heir, and at the same time, the parties should provide corresponding evidence materials that can prove that it was written by themselves; A will that entrusts others to write on behalf of others shall be witnessed by two or more witnesses, and one of them shall write on behalf of others, indicating the year, month and day, and shall be signed by the agent, other witnesses and the testator.

Extended data

Article 12 of the detailed rules for notarization of wills: Notaries are generally not allowed to be present when questioning testators, except witnesses and translators. Notaries shall make transcripts of conversations in accordance with the provisions of Article 24 of the Rules of Notarization Procedure (Trial). Conversation record should focus on the following:

(1) The physical condition and mental condition of the testator; If the testator is an elderly person, an intermittent mental patient or a seriously injured person, it shall also record his ability to recognize and respond to things;

(2) Basic information about the family members of the testator, including their spouses, children, parents and people living with them;

(3) Whether the property disposed of by the will belongs to the testator personally, whether it has been disposed of in the form of a will or a bequest and support agreement before, and whether there are any restrictions on ownership such as setting up a guarantee, sealing up or detaining;

(4) The time, place and process of the formation of the will or draft will provided by the testator, whether it was written by himself or others, whether it was my true will, whether it was revised or supplemented, and whether there were conditions attached to the disposal of the estate; The agent's situation, whether the signature, seal and handprint on the will or draft will are made by oneself;

(5) If the testator fails to provide a will or a draft will, it shall record his intention to dispose of the estate in detail;

(6) Whether the person subjected to execution has been appointed and the basic information of the person subjected to execution;

(seven) other contents that the notary thinks should be asked.

The transcript of the conversation shall be read out to the testator on the spot or by the testator. After the testator has no objection, the testator, notary and witness shall sign the record.

Article 18 of the Inheritance Law of People's Republic of China (PRC) stipulates:

The following persons cannot be witnesses to the will:

1, person with no capacity, person with limited capacity;

2. Heirs and legatees;

3. People who have interests with the heirs and legatees.

Reference source: Baidu Encyclopedia-China People's Inheritance Law