A self-made will refers to a will written by the testator himself. A self-made will must be written and signed by the testator, and then marked with the year, month and day. Note: it cannot be written or recorded by others; Unable to print; Names cannot be signed by others; You can't use seals, fingerprints or other symbols instead of signatures.
(2) The effective conditions of testamentary agency
A will written by proxy is a will that the testator needs to entrust others to write on his behalf because of illness, education and other reasons. Pay attention to the following points when writing a will: 1. There must be more than two witnesses present to witness. The testator must dictate the main points of the will, and then one of the witnesses will write it on his behalf. After writing a written will, the testator will read it to the testator. The ghostwriter cannot be anyone other than a witness, nor can he be an heir, legatee or other person who cannot be a witness of the will as stipulated by law. 3. The date must be marked and signed by the ghostwriter, other witnesses and testator.
(three), the effective conditions of the recording will
Recorded will refers to the oral will recorded by the testator with a tape recorder. When recording a will, there must be more than two witnesses present. The testimony can be written or recorded. The audio tapes that have been witnessed shall be sealed, marked with date and year, and signed and sealed by the testator and witnesses.
(four), the effective conditions of oral will
Oral will refers to the will dictated by the testator when his life is threatened. Oral wills must be established in emergencies, such as frontline battles, ships in distress, plane crashes, typhoons, earthquakes and floods. The establishment of an oral will must be witnessed by more than two witnesses. A witness may testify in writing or orally afterwards. If an oral will record is made on the spot, the date and year shall be indicated and signed by the recorder and other witnesses. If the testator makes a will in other forms after the emergency is lifted, the oral will made before is invalid.
(v) Conditions for the entry into force of notarized wills
A notarized will refers to a will notarized by a notary office. Notary organ is a judicial administrative organ that specializes in proving the authenticity and legality of legal acts, documents and facts with legal significance in China. Therefore, notarized will is a form of will with rigorous method, true content and strong evidence. Generally, a notarized will is written by the testator in front of two notaries, signed and stamped, and dated. It can also be recorded by a notary on his behalf and read to the testator after being arranged into a written will. After the testator confirms that it is correct, it shall be recorded by two notaries and signed by the testator, indicating the place and date.
Conditions for the entry into force of the will of the elderly:
1. The testator must have full capacity for civil conduct.
2. The will made by the testator must be the expression of its true meaning.
The testator must have the right to dispose of the property disposed in the will.
4. The contents of the will must be legal.
5. The form of will must be legal.
Article 143 of the Civil Code stipulates that a will made by a person without or with limited capacity for civil conduct is invalid.
A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid.
Forged wills are invalid.
If the will is tampered with, the tampered contents are invalid.
legal ground
Article 143 of the Civil Code
A will made by a person without or with limited capacity for civil conduct is invalid.
A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid.
Forged wills are invalid.
If the will is tampered with, the tampered contents are invalid.