1. Classification of wills. Wills can be divided into oral wills and written wills; they can also be divided into self-written wills and written wills. In addition, there are also notarized wills that have notarized the will.
2. Requirements for the validity of a will.
The self-written testator's handwriting, signature, and indication of the year, month, and day do not require the presence of witnesses. As long as it is his true expression of intention, it will be valid.
A written will is a document written by a person other than the testator on behalf of the testator according to his wishes. In addition to the requirements of a self-written will, a written will must also be witnessed by two or more people who have no interest in the will. The testator can revoke or change the legacy he or she has made. If there are several wills and their contents are conflicting, the last will shall prevail.
Oral Will. Oral wills can only be used in situations of danger and require the presence of two or more disinterested persons as witnesses. After the critical situation is relieved, if the testator is able to make a will in written or recorded form, the oral will will be invalid.
Notarize the will. A will that is self-written, written on behalf of someone, recorded, or oral will cannot be revoked or changed. Changes to a notarized will must also be made in a notarized form, and other forms shall not conflict with its validity.
3. The relationship between wills and notarization
(1) The will established by the testator to dispose of real estate must be notarized. After the death of the testator, the beneficiary of the will must go to the real estate management agency to register the transfer of property ownership with the "Notary Certificate of Will" and "Notary Certificate of Will Succession Rights" or "Notary Certificate of Acceptance of Bequest" issued by the notary office, as well as the property ownership certificate and deed. formalities.
(2) The will disposing of real estate has not been notarized. After the will takes effect, the legal heirs or beneficiaries of the will can negotiate and sign an estate division agreement based on the contents of the will. After being notarized and certified, go to the real estate management agency to handle the real estate. Ownership transfer registration procedures.
(3) If there is a dispute over the content of the will and an inheritance division agreement cannot be reached through coordination, a lawsuit may be filed in the People's Court. The real estate management authority shall handle the registration procedures for the transfer of property ownership based on the judgment.
(4) When handling real estate notarization matters, except for certifying unilateral legal acts such as wills, letters of donation or letters of attorney, which can be applied for at the notary office at the place of residence of the testator, donor or client, other matters should be handled at the notary office. Apply to the notary office where the property is located.