When a notary discovers any of the following circumstances, he shall record or video when talking with the testator:

(1) The testator is old and weak;

(2) The testator is critically ill;

(3) The testator is deaf or blind;

(4) The testator is an intermittent mental patient or mentally handicapped person;

Two, in other cases, audio and video recording is not a necessary procedure for notarization of wills.

Three. The following are the details of notarization of wills for your reference:

Decree No.57 of the Ministry of Justice of the People's Republic of China "Detailed Rules for Notarization of Wills"

Article 1 In order to standardize the notarization procedure of wills, these Detailed Rules are formulated in accordance with the Inheritance Law of People's Republic of China (PRC), the Provisional Regulations on Notarization of People's Republic of China (PRC) and other relevant provisions.

Article 2 A will is a unilateral legal act of disposing of personal property or handling other affairs in a manner prescribed by law within the scope permitted by law before the testator's life, and takes effect at his death.

Article 3 Notarization is an activity in which a notary office proves that the testator's will-making behavior is true and legal in accordance with legal procedures. A notarized will is a notarized will.

Article 4 Notarization shall be under the jurisdiction of the notary office in the place where the testator has his domicile or where the testamentary act takes place.

Article 5 A testator applying for notarization of a will shall personally apply to a notary office.

If it is difficult for the testator to go to the notary office in person, he may request the notary office with jurisdiction to appoint a notary to handle it at his residence or temporary residence in written or oral form.

Article 6 Notarization of wills shall be handled by two notaries, and one of them shall sign the notarial certificate. When it is handled by a notary due to special circumstances, there shall be witnesses present, who shall sign the will and put it on record.

Witnesses and testators shall be governed by Article 18 of the Law of People's Republic of China (PRC) on State Succession.

Article 7 When applying for notarization of wills, a testator shall fill in an application form for notarization and submit the following documents and materials:

(1) Resident identity cards or other identity documents;

(2) Proof of property rights of real estate, means of transport or other property with proof of property rights involved in the will;

(three) other materials that the notary believes should be submitted.

If it is really difficult for the testator to fill in the application form, a notary may fill it out on his behalf, and the testator shall sign the application form.

Article 8 A notary office shall accept applications that fall within its jurisdiction and conform to the provisions of the preceding article.

For an application that does not meet the requirements of the preceding paragraph, the notary office shall make a decision not to accept it within three days and notify the applicant.

Article 9 A notary shall withdraw under the circumstances stipulated in Article 10 of the Rules of Notarization Procedure (Trial), and the testator shall have the right to apply for the withdrawal of a notary.

Article 10 A notary shall explain to the testator the general principles of the civil law and the provisions of the inheritance law on wills and the right to dispose of citizens' property, as well as the significance and legal consequences of notarizing wills.

Article 11 A notary office shall conduct an examination in accordance with the provisions of Article 23 of the Rules of Notarization Procedure (Trial), focusing on whether the identity and expression of will of the testator are true and whether they are coerced or deceived.

Article 12 When questioning the testator, notaries shall not be present 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 in the will belongs to the testator on an annual basis, whether it has been disposed of by means of a will or a gift or maintenance agreement before, and whether there are any restrictions on ownership such as establishing 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 or read out on the spot by the testator. After the testator has no objection, the testator, notary and witness shall sign the record.

Article 13 A will shall include the following contents:

(1) The name, sex, date of birth and address of the testator;

(2) the status of the property to be disposed of in the will (name, quantity, location, and whether it is owned or mortgaged, etc.). );

(3) Specific opinions on handling property and other affairs;

(4) If there is an executor, the name, gender, age and address of the executor shall be stated;

(5) the date of making the will and the signature of the testator.

Generally speaking, a will shall not include other contents unrelated to the disposal of property and matters after death;

Article 14 If the will provided by the testator has not been amended or supplemented, the testator shall confirm the contents, signature and date of the will in front of the notary.

If there is any amendment or supplement to the will or draft will provided by the testator, it shall be checked by the testator and signed by him after sorting and copying.

If the testator fails to provide a will or a draft will, the notary can draft the will on his behalf according to the testator's will. A notarized will shall be signed by the testator after verification.

The above information should be recorded in the conversation record.

Fifteenth more than two testators apply for notarization of the same will, the notary office shall guide them to make separate wills.

If the testator insists on applying for notarization of the will, the conditions for the alteration, revocation and entry into force of the will shall be stated in the will.

Article 16 When a notary discovers any of the following circumstances, he shall record or video the conversation with the testator:

(1) The testator is old and weak;

(2) The testator is critically ill;

(3) The testator is deaf or blind;

(4) The testator is an intermittent mental patient or mentally handicapped person;

Seventeenth to meet the following conditions, the notary office shall issue a notarial certificate;

(1) The identity of the testator is true and he has full capacity for civil conduct;

(2) The will of the testator is true;

(3) The property that the testator proves or guarantees to dispose of is his personal property;

(four) the contents of the will do not violate the legal provisions and social public interests, the content is complete, the written expression is accurate, and the date of signature and production is complete;

(5) The accreditation procedures are in compliance with the provisions.

Those who do not meet the conditions specified in the preceding paragraph shall not be notarized.

Article 18 A notarized will shall be printed. After checking the original will, the testator shall sign the printed notarized will.

If the testator is unable to sign or has difficulty in signing, he may stamp the application, record and will instead of signing; If the testator can neither sign nor seal, the signature or seal shall be replaced by a handprint.

Under any of the circumstances specified in the preceding paragraph, the notary shall indicate it in the record. If the signature or seal is replaced by a handprint, the notary shall extract all the handprints of the testator and file them.

Article 19 If the testator dies or loses his capacity before the notary office recognizes the notarized testament, the notary office shall terminate the notarized testament.

If a will provided by the testator or recorded by a notary on behalf of a book meets the conditions of writing on behalf of a book or being witnessed by a notary, the notary office may send the will to the beneficiary of the will and keep a copy in the file where the notarization is terminated.

After the approval of the notary office, if the testator dies or loses his capacity, the notary office shall complete the production of a notarized will. If the testator is unable to sign the printed notarized will, he may make a notarized will according to the original will that conforms to the provisions of Article 17, and the original will shall be kept by the notary office for the record.

Twentieth a notary office may, in accordance with the provisions of the "Provisional Regulations on Notarization in People's Republic of China (PRC)", keep notarized wills or make their own wills, written wills and recorded wills. You can also keep a sealed will in accordance with international practice.

Article 21 A notarized will volume shall be kept as a secret volume. After the testator dies, it will be converted into a total volume for preservation.

Before the notarized will takes effect, the will file shall not be lent out, and the notary shall not disclose the contents of the will.

Article 22 Before a notarized will takes effect, it may not be revoked or changed without the testator's application and notarization procedures.

These Provisions shall apply to the procedure for the testator to apply for revocation or alteration of a notarized will.

Twenty-third notarized wills come into effect, and the personnel related to the right of inheritance have conclusive evidence to prove that some notarized wills are illegal, and the notary office shall investigate and verify them; After investigation and verification, if the notarization of part of the will is indeed illegal, the notary office shall revoke the notarized certificate of the illegal part of the will.

Twenty-fourth due to the fault of a notary, the notary office shall be liable for compensation. The provisions on notarization compensation shall be formulated separately.

Article 25 The Ministry of Justice shall be responsible for the interpretation of these Detailed Rules.

Article 26 These Rules shall come into force as of July 6, 2000.