Current location - Quotes Website - Personality signature - Is it necessary to prove that the will is forged?
Is it necessary to prove that the will is forged?
Need. According to the principle of "whoever advocates the proof", the defendant claims that the evidence in the plaintiff's hand is forged, so he bears the burden of proof. Don't worry about the plaintiff. If it is necessary to authenticate the authenticity, the authentication fee shall be collected by the authentication institution, which has nothing to do with the lawyer, and may entrust the authentication institution to directly authenticate. The determination of will notes can be put forward by the plaintiff to the court in the course of litigation; The burden of proof should be borne by the plaintiff, that is, the plaintiff applies for identification. The reason is that the defendant has provided a will and his burden of proof has been completed. The plaintiff's will is forged, and evidence should be provided to prove it. Similarly, the time appraisal of the will should also be advocated by the plaintiff. Appraisal organ entrusted by the court: the lottery proceeds are local judicial appraisal units with judicial appraisal qualifications.

Need. The authenticity of the self-written will needs to be proved by the party who advocates the authenticity of the self-written will, that is, the burden of proof belongs to the party who advocates the existence of specific facts. Whoever claims that the contents of the will are true will prove it. If this fact cannot be proved, then the party claiming to be true will bear the possible adverse consequences caused by the truth of this fact. Of course, the party who thinks that the will is false can also provide evidence to prove that the will is false, but it does not bear the burden of proof in the sense of result. The way for the court to verify the authenticity of the will is mainly determined according to specific cases and reasons for disputes. If it is suspected that it is not the testator's handwriting, handwriting identification can be carried out; If the suspicion is not made consciously by the testator, both parties to the dispute must provide relevant evidence, otherwise the court will personally investigate; You can also notify the relevant witnesses to testify in court, which needs to be determined according to the specific circumstances.

A self-made will can be concluded according to the following procedures:

(1) The testator writes the contents of the will. The testator should write the full text of the will in person, which can not only truly express the will of the testator, but also prevent others from forging, tampering or adding the contents of the will.

(2) The testator shall specify the year, month, day and place of writing in his will. The time of making a will has a certain influence on the validity of the will. If there is any contradiction between the contents of different written wills, the later written will shall prevail. At the same time, the time of making a will can sometimes prove the authenticity of the will.

(3) The testator's autograph.

(4) If it is necessary to alter, add or delete in a written will, the number of words to be altered, added or deleted shall be indicated next to the altered or deleted contents, and the altered or added or deleted place shall be signed separately.

Legal basis:

code of civil law

Article 64

The parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.

Article 67

The people's court has the right to investigate and collect evidence from the relevant units and individuals, and the relevant units and individuals may not refuse. The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.

Article 76

The parties may apply to the people's court for an appraisal on the specialized issue of finding out the facts. If the parties apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the people's court. If the parties concerned do not apply for identification, and the people's court considers it necessary to identify specialized issues, it shall entrust a qualified appraiser for identification.