A will with only handprints and no signature is invalid. Wills generally require the signature of the testator, and wills with only handprints and no signatures are usually invalid wills. After the decedent dies, he can only inherit according to law. After the beginning of inheritance, it is generally handled in accordance with legal inheritance. If the deceased made a will before his death, he shall inherit or bequeath it according to the will. If there is a legacy support agreement, it shall be handled in accordance with the agreement. A will written by a lawyer can be printed, but it shall be witnessed by more than two witnesses, signed by one of them, marked with the year, month and day, and signed by the agent, other witnesses and the testator. The integrity of the will. Whether the form of a will is complete or not is very important, and the "details" such as the signature and date of the will are related to the effectiveness of the will. The signature of the decedent is related to whether the will is true, and the signature of the witness is related to whether the will on behalf of the book has been witnessed by him. However, it is easy to distinguish the authenticity of the will by stamping or stamping instead of signing, which affects the judgment of the validity of the will.
Old people in rural areas who can't write can make a will in the following ways, which also has legal effect according to the procedures prescribed by law:
1, in the form of notarized will.
(1). If the testator is unable to sign or has difficulty in signing, he may use a seal instead of the signature on the application, transcript or will; If the testator can neither sign nor seal, the signature or seal shall be replaced by a handprint.
(2) In case of 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. That is, if the elderly can't sign, they can use fingerprints instead of writing, but the notary should extract all the fingerprints of the testator and file them.
2. Take the form of recording wills.
The recorded will refers to the will made by the testator in the form of recording. In order to prevent the recorded will from being tampered with or recording false wills, a will established in the form of records shall be witnessed by more than two witnesses. The way of witnessing can be written or recorded. After the recorded will is made, it shall be stamped on the spot and signed by the witness, indicating the year, month and day.
A recorded will does not require the signature of the testator, but it is controversial. Some people think that when a recorded will is stamped, it must also be signed by the testator. With regard to the recorded will, the testator is not required to sign when stamping.
3. When the elderly are in danger, they can also take the form of oral will.
A testator may make an oral will in an emergency, and the oral will shall be witnessed by more than two witnesses. After the emergency is lifted, if the testator can make a will in written or recorded form, the oral will made is invalid. On the premise of making an oral will, the oral will does not need the signature of the old man.
To sum up, Bian Xiao's will can't be written, and his handprint is effective. I hope I can help you.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 134 A self-made will shall be signed by the testator and marked with the year, month and day.
Article 135 A will written by an agent shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, agent and other witnesses, and shall be signed by the testator, agent and other witnesses, indicating the year, month and day.
Article 136 A printed will shall be witnessed by two or more witnesses. The testator and the witness shall sign on each page of the will and indicate the year, month and day.
Article 137 If a will is made in the form of audio and video recording, two or more witnesses shall be present to witness it. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.
Article 138 A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.
Article 139 A notarized will shall be handled by the testator through a notarization institution.