There are two kinds of mistakes in the name of a will: one is the name of the testator and the other is the name of the heir. The situation that the testator writes the wrong name involves whether the content of the will is the true meaning of the testator. Generally speaking, people don't write their names wrong, which means they don't really want to. But if it is because of the writer's usual writing habits, it can be considered effective. This requires the usual signature of the party's certificate writer to prove that it is the true intention of the testator. The wrong name of the heir generally does not affect the validity of the will, but it affects the question of whether the identity of the heir can be confirmed. If only the name is misspelled, it does not affect the determination of the identity of the heir, and it can be inherited according to the will. The heir should prove the single direction between the heir and himself written in the will, and prove that it belongs to him. (1) The testator shall write all the contents of the will in writing. A self-written will can neither be written by others nor printed by typewriter, but can only be recorded by the testator himself with a pen. However, the testator shall not write his own will with a pencil or other easily altered pens. (2) A written will must be a formal expression of the testator's will on the disposal of his property after his death. If the testator does not formally make a self-written will, but only mentions in his diary or related letters that he intends to dispose of an inheritance after death, it should not be considered as a self-written will. However, the word "will" is not needed as long as it is written to record the true meaning of the testator's disposal of the estate. If the testator makes arrangements for his affairs after death in relevant documents, including the disposal of his property after death, and there is no evidence to the contrary, it shall be deemed that the testator has made his own will. (3) It must be signed by the testator. The signature of the testator is the basic requirement for writing a will, which not only proves that the will was written by the testator himself, but also proves that the will is the expression of the testator's true meaning. The signature of the testator must be written in the testator's own name, and it cannot be replaced by stamping, handprinting or drawing. A self-made will signed by an intestate is invalid. If a written will needs to be altered, added or deleted, the testator must also sign the altered, added or deleted place and indicate the time, otherwise, the contents of begging, adding or deleting will be invalid. (4) The year, month and day shall be indicated. The testator must indicate the time of making the will in his will. The time record in the will is the basis for determining the testator's ability to make a will, and it is also the basis for determining the order of wills when there are multiple wills. The time indicated in the written will should, in principle, be the date when the testator made the will and signed it. However, if the testator does not take the date of signature as the testator's time, it is also possible to take other time as the testator's time, but only the date indicated in the will as the testator's time. If there is no date in the will, or the date is not specific, for example, only the year and month are indicated, but no date is written, the will will not take effect. (1) The unqualified proxy, audio recording and oral will of the witness are invalid. According to Article 1 140 of the Civil Code, the following persons cannot be witnesses to the will: persons with no capacity or persons with limited capacity; Heirs and legatees; A person who has an interest in an heir or legatee. Creditors and debtors of the heirs and legatees, as well as partners of the same enterprise, should also be regarded as having an interest in the heirs and legatees and cannot be witnesses of the will. (2) A will that does not retain the necessary share of the estate is invalid. According to the Civil Code, the will should reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no source of income. If the testator fails to retain the share of the inheritance of the heir who lacks the ability to work and has no source of income, he shall leave the necessary inheritance for the heir when handling the inheritance, and the rest can only be handled with reference to the distribution principle determined by the will. Whether the heir lacks the ability to work and has no source of income should be determined according to the specific circumstances of the decedent when the will comes into effect. (3) Other circumstances in which the will is invalid or partially invalid Article 1 143 of the Civil Code stipulates that the will made by a person with no capacity or with limited capacity is invalid. A will must express the true meaning of the testator, and a will made by coercion or deception is invalid. Forged wills are invalid. If the will is tampered with, the tampered contents are invalid. A testator must have the capacity to act when making a will. A will made by a person without capacity is still invalid even if he has capacity later. The testator has the capacity to act when he makes a will, but the subsequent loss of capacity does not affect the validity of the will. After reading the above, I believe everyone should have some understanding of this related issue. Whether a will with the wrong name is valid depends on the situation. If the testator's name is misspelled, it may not have legal effect. If the name of the heir is misspelled, it is valid only if it is true.
Legal objectivity:
Article 136 of the Civil Code of People's Republic of China (PRC) 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 143 of the Civil Law of People's Republic of China (PRC) is valid if a civil juristic act meets the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Article 144 of the Civil Law of People's Republic of China (PRC) A civil juristic act carried out by a person without capacity for civil conduct is invalid.