(1) There are more than two on-site witnesses;
(2) Written by one of the witnesses;
(3) The will shall indicate the year, month and day;
(4) Signed by the agent, other witnesses and the testator.
The above four elements are indispensable.
A testator's will refers to a will that is not written by the testator himself, but written by the testator on his behalf according to the testator's wishes. Because it is not self-written, there are many disputes in practice, and there are also some disputes about the determination of its effectiveness. Explanation: Entrusting others to write a will, within the scope permitted by law, means that the testator entrusts others to write a will.
The legal form requirements of the agent's will;
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. Moreover, 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. If there are no two or more witnesses to witness the whole process, even if there are two or more witnesses at any time, such a proxy will should be considered invalid.
2. Legally speaking, the scrivener is one of the witnesses, and his physical requirements should of course meet the conditions of the witness. A proxy will written by an agent who does not meet the requirements of a witness is invalid.
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, the date is an important factor to determine the validity of a will, especially in the case of multiple written wills of an estate, the date is the direct basis to determine the validity, and the last will is the effective will.
The testator's will must be signed by the testator and other witnesses.
The legal form requirement of the proxy will is that, for the testator, the proxy will is the expression of the testator's true meaning without coercion; As far as witnesses are concerned, witnesses have full capacity for civil conduct, are not legal heirs or legatees, and have no interest in them; There were two witnesses present, who signed and dated them.
A ghost will is also called a ghost will. A will dictated by the testator because he can't write and entrusted by others. The will of the agent must be legally proved to be true. A will written on behalf of others shall be witnessed by two or more witnesses, and one of them shall entrust others to write on behalf of him. Indicate the year, month and day, and be signed by the agent, other witnesses and the testator.
Legal basis:
People's Republic of China (PRC) inheritance law
Article 17, paragraph 3
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, indicating the year, month and day, and shall be signed by the agent, other witnesses and the testator. According to the above legal provisions, we can know that the proxy will should meet the following three formal requirements before it can be considered valid:
1. There are more than two witnesses with civil capacity to witness on the spot;
2. One of the witnesses wrote this book, indicating the year, month and day;
3. The agent, other witnesses and testator shall all sign.
Without any of the above three elements, a will will be classified as invalid.
Article 18
The following persons cannot be witnesses to the will:
(a) a person with no capacity or with limited capacity;
(2) Heirs and legatees;
(3) People who have an interest in the heirs and legatees.
Article 135 of the Civil Code of People's Republic of China (PRC)
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.