How to make a will by proxy Now people's consciousness of making a will is getting stronger and stronger, and making a will by proxy is a common form in wills. Because it was not written by the testator himself and was not notarized, there are many disputes about this form of will in practice and its effectiveness. Then, how to make a will on behalf of writing, so that it can play a practical role without causing controversy? According to the provisions of China's inheritance law, when an agent writes a will, there should be more than two witnesses present, and one of them will write the book on his behalf, indicating the year, month and day, and the agent, other witnesses and the testator will sign it. As can be seen from the above provisions, a valid proxy will should have the following elements: 1, with more than two on-site witnesses; 2. A book written by one of the witnesses; 3. The will must indicate the year, month and day; 4. Signature of the agent, other witnesses and testator. The above four elements are indispensable, and the will written by the agent without these four elements is invalid, and its specific requirements are not the same for each element. 1. According to the law, the witness must be a person with full capacity for civil conduct and must have no interest in the estate and the decedent. More importantly, at least two witnesses should witness the whole process of making a will. The law only guarantees the justice of witnesses in essence, but the procedural justice can not be ignored. In practice, in the case of only two witnesses, if one witness or two witnesses did not fully witness the whole process of a will, how can we determine the validity of such a will? We think that such a proxy will is invalid, because in this case, one witness is not present at a certain point in time, which does not meet the legal requirement that more than two witnesses must be present. The more complicated situation is, if there are more than two witnesses, and there are more than two witnesses present at a certain point in time, but the two witnesses present at different points in time are different, how to determine the validity of the proxy will? In this case, the key depends on whether two or more witnesses have witnessed the whole process completely. If not, even if there are two or more witnesses present at any time, such a proxy will is likely to be considered invalid. The book agent is one of the witnesses. Of course, he should also meet the legal conditions as a witness. The will written by a proxy who does not meet the witness conditions is invalid. There are no specific provisions in the law and relevant judicial interpretations on how the testator writes on behalf of the testator. The author suggests that when writing a will, we should keep the original words of the testator as much as possible, and don't generalize the meaning of the testator too much to avoid misinterpreting the will of the testator. In addition, try to use handwriting. If you type at the scene of making a will, there is no essential difference between it and handwriting, and there is no problem with its effectiveness. In practice, limited by conditions, some book-substitute writers often make a book-substitute record on the spot, which is signed by the witness, the book-substitute and the testator, and then re-typed and printed by the computer, and then signed by the witness, the book-substitute and the testator respectively, so there are some problems. As can be seen from the legal provisions, the whole process of proxy will should be formed in the presence of witnesses, agents and testators. Although the agent's record was formed on the spot, it did not become legally effective after the record, but the printed agent's will. In this process, if there is a link where the three are not present at the same time and the contents of the transcript are inconsistent with those of the proxy will, then the proxy will be flawed and may even lead to the invalidation of the proxy will. 3. Date is the basic element of any will. An undated power of attorney is invalid because it is not in accordance with the law. In addition, it is worth noting that the date is an important factor in determining the validity of a will, especially in the case of multiple wills representing a certain estate, the date is the direct basis for determining the validity, and usually the will representing a letter with a later date shall prevail. The testator's will must be signed by the testator, other witnesses and the testator. In practice, there are cases where the above-mentioned personnel use private seals instead of signatures. What is the effect of the will in this case? One view is that there is no difference between a private seal and a signature, and the effect is naturally the same. There is also a view that if there is evidence that private seals are often used before making a will, the will should be considered valid. In fact, the private seal and the official seal are different, and the effect is far from perfect. In China, the official seal adopts the filing system. As far as the unit is concerned, once the official seal that has been put on record appears in legal documents, it will of course have legal effect. If the unit has no reasonable defense reasons, it shall bear the legal consequences. However, private printing is not. In China, private printing is not put on record, and often appears in informal occasions. The private seal indicating a person's name does not have a legally necessary corresponding relationship with that person, and its legal consequences are also different. Therefore, the effect of the private seal on the proxy will is different from that of the signature. In my opinion, the proxy will is invalid only if it is stamped without the signature of the testator. In addition to the above reasons, more importantly, making a will is a strict civil legal act and an essential act, which must meet the formal requirements stipulated by law. Even the testator's true intention expression and his true behavior expression can't produce legal effect as long as they don't meet the formal requirements stipulated by law. In addition, if the testator signs the testator's name on the proxy will, the witness and the agent seal it, but there is no signature, is the will valid? I think this situation should be analyzed in detail, and it cannot be considered invalid just because it does not meet the formal requirements. As a kind of will, the will to write on behalf of books is the will itself, not the act of writing on behalf of books. If the witness and the scrivener can describe the process of the witness and the scrivener in detail, and there is no contradiction, and can reasonably explain the absence of signature, the will shall be deemed valid. On the contrary, the agent's expression of will should be deemed invalid. In a word, in order to avoid the dispute of future validity, the testator's will should be operated in strict accordance with the law. Only in this way can we better safeguard the interests of the testator and the testator's heirs and minimize the disputes arising from the will. Lawyer reminds matters needing attention in making a will □ According to its form, Xu Hao's will of Shanghai Yuan Yu Law Firm can be divided into notarization, self-writing, generation of books, recording and oral will. There are several wills. In case of conflict, the last will shall prevail. Notarized wills are the most effective. A notarized will may not be revoked or changed if it is written by myself, written by others, recorded or dictated. A notarized will shall be handled by the testator through the notary office. A self-made will shall be written and signed by the testator, and the year, month and day shall also be indicated. A will written on behalf of others shall be witnessed by two or more witnesses, and written by one of them, indicating the year, month and day, and signed by the agent, other witnesses and the testator. If a will is made by recording, there shall be two or more witnesses present. An oral will shall be witnessed by two or more witnesses. After the emergency is lifted, if the testator can make a will in written or recorded form, the oral will made is invalid. The following persons cannot be witnesses to the will: (1) persons with no capacity or with limited capacity; (2) Heirs and legatees; (3) People who have an interest in the heirs and legatees. Creditors and debtors of the heirs and legatees, as well as partners of the same enterprise, should also be regarded as having an interest in the heirs and legatees and cannot be witnesses of the will. Relevant laws and regulations; Article 19 of the Inheritance Law: "A will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no source of income." Article 37 of the Supreme Court's Opinions on the Implementation of the Inheritance Law: "If the testator fails to retain the share of the inheritance of the heirs who lack the ability to work and have no source of income, he shall leave the necessary inheritance for the heirs when disposing of the inheritance, and the rest can only be handled with reference to the distribution principle determined by the will. Whether the heir lacks the ability to work and has no source of income shall be determined according to the specific circumstances of the decedent when the will comes into effect. "

Legal objectivity:

People's Republic of China (PRC) Civil Code

Article 135

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, which shall be signed by the testator, agent and other witnesses, and marked with the year, month and day.

People's Republic of China (PRC) Civil Code

Article 143

A will made by a person without or with limited capacity for civil conduct is invalid.

A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid.

Forged wills are invalid.

If the will is tampered with, the tampered contents are invalid.