First, the basic process of testament witness

Initial reception → material review (including necessary actual investigation) → determination of the intention of the parties → risk notification → production of conversation notes (standardized production of photos, recordings and videos) → leaving traces of the parties that meet the legal requirements (written application for signature, signature of transcripts, names and portraits recorded in audio and video recordings, etc.). ) → see the production and delivery of documents → perform the burden of proof at any time afterwards.

Second, the core issues in testamentary testimony

1. Determination of testator's capacity for conduct

For example, the medical records and diagnosis certificates of the relevant departments of the hospital, physical examination reports, statements of the testator's personal physical and mental conditions, etc.

2 heritage ownership review (including necessary investigation)

For example, access to industrial and commercial archives, real estate registration information,

Or field investigation and evidence collection.

3. Ask the testator about his kinship.

For example, ask the testator whether he has adopted children, stepchildren or children born out of wedlock that meet the legal requirements.

4. Realistic grasp of the contents of the will

For example, in a will, the testator can dispose of all or part of his own property, but the premise of disposing of property is clear property rights, that is, the testator's personal property or the personal part of the same property.

5. Appropriate choice of will form

For example, the parties request to witness their own will, or seek the advice of lawyers on the choice between the will written by agents and the witnessed will.

6. The contents of testamentary testimony shall be reviewed according to law.

For example, in the proof text, only the will made by the testator in front of the lawyer is true, and the content of disposing of the property does not violate the law.

2. The way to represent the will is as follows

heritage

Testator: xxx, female, born on X, X, family X, ID number xx, occupation xx, address xx.

Will it be satisfied?

I married xXX in XX and my wife died 25 years ago. We have children xxx (ID number xx) and xxx (ID number xx). I need to make a will because of xx (reason), and now I take advantage of my good health and clear mind to handle my own affairs as follows:

1. After my death, I left my property in xx to my son xxx for inheritance.

All the deposits in XX bank card will be inherited by my daughter xxx after my death.

3. Other properties other than the above are inherited by the son and daughter, each of whom enjoys half.

The above is my true intention of volunteering. I hope that after my death, my children can follow my advice and implement it smoothly in practice.

Testator (signature):

Book representative:

Witness:

X year x month x day

(Note: The testator can sign by handprint at the same time; If the testator can't write his own name, it can be signed by the agent and printed by the testator; Book agents can be non-lawyers; The agent shall write the will by hand; The testator may designate the executor in the proxy will. )

3. Print wills mode is as follows

heritage

Testator: xxx, female, born on X, X, family X, ID number xx, occupation xx, address xx.

4. In addition to providing more than two witnesses according to law, the testator and witnesses should record their names or portraits, as well as the year, month and day. It is best to make a text version of the will consistent with the audio-visual content to enhance its authenticity and credibility, so as to ensure that the true meaning of the parties can be implemented in reality. The testator may designate the executor in the audio-visual will.

Fourth, you will see the certificate mode display:

See certificate

(20xx)x method X word X number

This is to certify that xxx, female, born on X, X, family X, ID number xx, made a will in front of me on X, X, X, which is in line with the provisions of Article 143 of the Civil Code.

Lawyer xXX of XX Law Firm (signature)

X year x month x day (seal of law firm)

(Note: the power of attorney will be signed by the lawyer on the power of attorney; The printed will is signed by two lawyers or a lawyer and an intern respectively. )

Verb (abbreviation for verb) The main risks witnessed by lawyers.

The formal requirements of 1. are not strictly controlled.

For example, the number of witnesses is not enough, or the relevant person who printed the will did not sign every page according to law, or even the witness has an interest with the decedent.

2. The identification of testator's capacity for conduct lacks authoritative basis.

For example, the testator suffers from depression and Alzheimer's disease, and his capacity for civil conduct is often questioned.

3. The testator omits the heir or conceals the objective facts related to inheritance.

For example, children born out of wedlock and stepchildren who have a relationship of support and inheritance are omitted, or family property and husband and wife property are treated as personal property in the will.

4. The objective limitations of property ownership review (including investigation)

For example, it is difficult to determine whether other third-party interests are involved in the verification, such as holding shares on behalf of others and buying houses under their names.

5. The expression of the will content is flawed or ambiguous.

For example, one or more items such as heir's name and date of birth are inconsistent with household registration information; In written expression, "paying back the money" and "how much is still owed" are linked together, forming ambiguity.

6. The testator's mark in the testament witness is insufficient.

For example, if you write your own will, write your own will, and witness your will, the lawyer can ask the parties to press their handprints on the premise of their own will, which at the same time adds a trace left by the testator, that is, if the relevant stakeholders have objections to the signature in the future, the handprints left by the testator will become a powerful backup basis.

Six, the overall understanding of the lawyer's will witness.

1. Strictly grasp the formal requirements according to law, pay attention to every witness detail, try to leave spare traces of the parties, prevent the occurrence of unexpected events in the future, and avoid leaving hidden dangers as much as possible in the whole witness work.

2. Give full consideration to the testator's will and the ownership of the property involved in the will, clearly inform them of the risks, and avoid the adverse consequences caused by professional appraisal errors.

3. In-depth communication with the testator, in-depth understanding of the facts and potential contradictions related to the will, so as to take professional courses as much as possible for the disposal of the will of the parties.

4. Pay attention to the review of the materials related to the will, and at the same time make some necessary investigations as far as possible to effectively prevent unforeseen practice risks.

5. To take witness business seriously, we should not only think multi-dimensionally and handle it carefully, but also actively remedy the problems found afterwards and try our best to resolve the actual disputes between the parties, so as to effectively alleviate or block the possible practice risks in the future.