1. Name, gender, date of birth and address of the testator and beneficiary;
2. The relationship between the testator and the beneficiary;
3. Name, quantity and location of the property;
4. Decide on the distribution of property and the handling of related affairs;
5. If there is an executor, the name, gender, date of birth and address of the executor shall also be stated;
6, the date of the will and the testator's signature or seal or fingerprint. A will that meets the requirements is a valid will.
1. Is there a time limit for a notarized will?
A will takes effect only after the death of the decedent (testator). As long as there is no new will before his death, it will take effect from the death of the decedent, and the law does not stipulate the validity period. However, the limited time limit can be regarded as the validity period of different situations.
It must be interesting to accept the inheritance, that is, within two months.
② The limitation of action is two years.
(3) Litigation is not allowed for more than 20 years.
After the inheritance begins, if the heir abandons the inheritance, he shall give up before the disposal of the estate. If there is no indication, it is regarded as accepting inheritance.
The legatee shall, within two months after knowing the legacy, make an indication of accepting or giving up the legacy. If it is not handled at maturity, it will be regarded as giving up the inheritance. The time limit for bringing a lawsuit for disputes over inheritance rights is two years, counting from the day when the heir knows or should know that his rights have been infringed. However, if more than 20 years have passed since the beginning of the succession, no lawsuit may be brought.
Second, what are the conditions for applying for notarization of wills?
1. The testator must have full capacity for civil conduct.
When making a will, the testator must be mentally normal, have normal thinking consciousness or language expression ability, and be able to clearly express his true meaning. A will made by a person without or with limited capacity for civil conduct is invalid.
2. The testator's will is true.
The content of the will must be the expression of the testator's true will, and there is no coercion or deception against the testator. A will made by a testator under duress or deception has no legal effect.
3. The content and form of a will shall not violate the law or public interests.
In our country, the establishment of will is very complicated. To be legally effective, it must first be concluded by a person with full civil capacity. Secondly, if it is a special will, such as a printed will, it needs more than two witnesses to authenticate it.
There are also the following requirements for the validity of the will:
1. The testator must have full capacity for civil conduct.
That is, a will made by a person who has reached the age of 18 and is in a normal mental state is valid.
2. The will must be the true meaning of the testator. Wills made by coercion or fraud, as well as altered or forged wills, are invalid.
3. The contents of the will shall not violate the law, and shall not harm the interests of the state and the collective.
4. 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;
Property owned by the state, the collective or others shall not be disposed of.
Whether your will needs notarization. According to wills, it can be divided into notarized wills, self-written wills, written wills, recorded wills and oral wills, all of which have legal effect.
However, notarized wills have the highest legal effect, because according to the law, notarized wills, whether written, recorded or oral, cannot be revoked or changed. That is to say, if there are notarized wills, self-written wills and agency wills at the same time, and the contents conflict, the notarized wills shall prevail.
legal ground
People's Republic of China (PRC) Civil Code
Article 127 The inheritance shall be inherited in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and grandparents. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship. Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.
Article 136 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 137 If a will is made in the form of audio and video recording, two or more witnesses shall be present to witness it. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.
Article 138 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 eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.