First of all, take the form of a notarized will.
Although the notarized will also requires the signature of the elderly, the second and third items of Article 18 of the Rules for Notarization of Wills in China stipulate that:
1. If the testator is unable to sign or has difficulty in signing, the signature on the application, transcript or will can be replaced by seal; If the testator can neither sign nor seal, the signature or seal shall be replaced by a handprint.
2. In 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.
Second, 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, the fourth item of Article 17 of the Inheritance Law clearly stipulates: "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. However, the inheritance law does not require the testator to sign the recorded will when stamping.
Three, the elderly in danger, can also take the form of oral will.
Paragraph 5 of Article 18 of China's Inheritance Law stipulates that an oral will is as follows: "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 lifted, if the testator can make a will in written or recorded form, the oral will made will be invalid. "
On the premise of making an oral will, the oral will does not need the signature of the old man.
To sum up, the elderly who can't write can choose to make a will in the form of "notarized will", "recorded will" and "oral will" (oral will has preconditions), and it is best to make a will in the form of "notarized will".