A notarized will shall be handled by the testator through the notary office.
A self-made will is written and signed by the testator, indicating the year, month and day.
When there are more than two witnesses present to witness the will, one of them will write the book on his behalf, indicating the year, month and day, and the testator, other witnesses and the testator will sign it.
A recorded will, a will made in the form of recording, shall be witnessed by two or more witnesses.
Oral will, the testator can 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 is invalid.
All the cases listed above are valid wills, but their effects are different.
Therefore, whether the children sign the will does not affect the validity of the will.
Can children be witnesses of wills?
The fundamental purpose of making a will is to ensure the authenticity of the contents of the will and prevent others from forging, tampering or destroying the will made by the testator without authorization.
Therefore, qualified witnesses are very important. According to the relevant provisions of the law, the following persons may not be witnesses to the will:
(1) Persons without or with limited capacity for civil conduct. The former can't identify their own behavior, can't participate in civil activities in their own name, and enjoy civil rights and obligations. The latter is that their capacity for civil conduct is limited, and neither of them has full capacity for civil conduct, so they can't participate in such complicated civil activities as making wills. If they are present, their testimony has no legal effect.
(2) Heirs and legatees. The reason why heirs and legatees can't be witnesses is not whether they have civil capacity, but that they have a direct interest in the will, which may affect the testator's voluntary expression of his inner will. Moreover, they proved difficult to maintain objectivity and authenticity. Therefore, the law clearly stipulates that heirs and legatees shall not be witnesses of wills.
(3) People who have an interest in the heirs and legatees. People who are interested in the heirs and legatees cannot guarantee the objectivity and authenticity of their proofs because of the influence of interests, so these people cannot be witnesses of the will. According to the relevant judicial interpretation, the creditors and debtors of the heirs and legatees, as well as the partners in the same business, should also be regarded as having an interest in the heirs and legatees, and cannot be witnesses of the will.
Children are heirs and have a direct interest in the will, which may affect the testator's willingness to express his will. Therefore, children cannot be witnesses to the will.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: Article 133 of the Civil Code.
A natural person may make a will and dispose of personal property in accordance with the provisions of this law, and may appoint an executor.
A natural person may make a will to designate personal property to be inherited by one or more legal heirs.
A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir.
A natural person may establish a testamentary trust according to law.