1. You don't need witnesses to write your own will, but you should write it according to the Law of People's Republic of China (PRC) on State Succession:?
According to the second paragraph of Article 17 of the Law of Succession of People's Republic of China (PRC), "a self-made will shall be written and signed by the testator, and marked with the year, month and day." ?
2. Negation of self-made will: print out the will, and then just sign it, indicating the year, month and day. Its validity is controversial, depending on the specific situation. If there is evidence to the contrary that the printed will is not what I really mean, it is likely to be considered invalid. ?
3. Legal subordination of writing a will:?
(1) If there are several wills, the notarized will has the highest effect; If there are several notarized wills; ?
(2) The will on the last date has the highest effect. ?
4. For the self-made will with objection, you can bring a lawsuit to the people's court, and the court will appoint a legal authentication institution to authenticate the handwriting of the deceased. This is the way to solve the inheritance dispute. Especially for one's own will, the consistency of witness's appearance in court and witness's written proof is very important for evaluating the voluntary writing of will according to law.
Extended data:
According to Article 17 of the Inheritance Law of People's Republic of China (PRC), there are five forms of wills:
First, notarize the will
A notarized will shall be handled by the testator through the notary office. Notarization of wills requires the testator to go to the notary office where his household registration is located in person, and cannot entrust others to act as agents.
If the testator cannot go to the notary office to notarize his will in person due to illness or other special reasons, he may ask the notary office to send a notary to the place where the testator is located to notarize. It is worth noting that if the testator wants to change or cancel the original notarized will, he must also go to the original notary office to handle it.
Features:
1. Wills are unilateral legal acts, that is, based on the testator's unilateral expression of will.
2, the legal consequences of the legal act of the will.
3. The testator must have full capacity for civil conduct.
4. The establishment of a will cannot be an agent. A will written by an entrusted agent must be signed by himself and witnessed by more than two witnesses. ?
Preparation materials:
Property ownership certificate (if it involves real estate, it refers to property ownership certificate, land use right certificate and deed certificate), household registration book and identity card, which can be handled at the notary office. If the notary believes that the civil capacity of the elderly is defective, which may affect the validity of the will, he will ask the parties to provide a health certificate issued by a professional health institution.
Processing time:
If the materials are complete, the notary office will arrange for a notary to handle it soon. In the process of handling, the notary will ask the parties and make an inquiry record. It will be done in 1-2 hours if it goes well.
Charge standard:
Notarization of wills generally costs 300-500 yuan.
Second, since this book will
A self-made will must be written and signed by the testator, indicating the year, month and day of production. A self-made will also has legal effect without the presence of witnesses.
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.
The Supreme People's Court's judicial interpretation stipulates: "The content of personal property disposal after death in a citizen's suicide note is really the true meaning of the deceased. If someone signs and indicates the year, month and day, and there is no evidence to the contrary, it can be regarded as a self-written will. "
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