The law does not require the elderly to confirm their capacity to make a will, but the law stipulates that a will made under the condition of incapacity or limited capacity is invalid.

"Succession Law of the People's Republic of China"

Article 22 A will made by a person without capacity or with limited capacity is invalid.

The will must express the true intention of the testator. A will made under duress or deception is invalid.

A forged will is invalid.

If the will is tampered with, the tampered content will be invalid.

To avoid disputes, you can apply for a notarized will:

"Succession Law of the People's Republic of China"

Article 17 A notarized will shall be issued by the testator Processed by notary office.

A self-written will is written and signed by the testator, and the year, month and day are indicated. A written will must be witnessed by two or more witnesses, and one of them should write it on behalf of the person, indicating the year, month, and day, and should be signed by the attorney, other witnesses, and the testator.

A will made in the form of a recording must be witnessed by more than two witnesses.

In critical circumstances, a testator may make an oral will. An oral will must be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will will be invalid.

Article 20 The testator may revoke or change his or her will. If there are several wills and their contents are conflicting, the last will shall prevail. A notarized will cannot be revoked or changed if it is self-written, written on behalf of someone, recorded, or oral.

Extended information

Regulations on civil capacity:

"General Principles of the People's Republic of China and Civil Law"

Eighteenth Article 1 Adults are persons with full capacity for civil conduct and can independently carry out civil legal acts.

Minors over the age of 16 who rely on their own labor income as their main source of living are regarded as persons with full capacity for civil conduct.

Article 19: Minors over the age of eight are persons with limited capacity for civil conduct. Civil legal acts shall be performed by their legal agent or with the consent or ratification of their legal agent, but they may independently perform civil legal acts for pure gain. civil legal acts of interests or civil legal acts commensurate with their age and intelligence.

Article 20: Minors under the age of eight are persons without capacity for civil conduct and shall be represented by their legal representatives in performing civil legal acts.

Article 21: An adult who cannot identify his own behavior is a person without capacity for civil conduct, and his legal agent shall act on his behalf to perform civil legal acts.

If a minor over eight years old cannot identify his own behavior, the provisions of the preceding paragraph shall apply.

Article 22: Adults who cannot fully identify their own behavior are persons with limited capacity for civil conduct. Civil legal acts shall be performed by their legal representatives or with the consent or ratification of their legal representatives, but they may be carried out independently. A civil legal act that is purely for profit or a civil legal act that is commensurate with his or her intelligence and mental health.

Article 23: The guardian of a person without capacity for civil conduct or a person with limited capacity for civil conduct is his legal representative.

Article 24 For an adult who is unable to identify or cannot fully identify his own behavior, his interested parties or relevant organizations may apply to the People's Court to determine that the adult is a person without capacity for civil conduct or that the adult is restricted from civil conduct. Capable people.

If a person is determined by the people's court to be a person without capacity for civil conduct or a person with limited capacity for civil conduct, upon application by the person, an interested party or a relevant organization, the people's court may determine the person to be a person without capacity for civil conduct or a person with limited capacity for civil conduct based on the recovery of his intelligence and mental health. The adult is restored to a person with limited capacity for civil conduct or a person with full capacity for civil conduct.

Relevant organizations stipulated in this article include: residents’ committees, villagers’ committees, schools, medical institutions, women’s federations, disabled people’s federations, senior citizens’ organizations established in accordance with the law, civil affairs departments, etc.