Notarization of wills needs to be handled at the notary office; A self-made will can be written by myself, signed by the testator and written down the year, month and day; Writing or recording a will on behalf of others requires two witnesses to witness it; A testator may make an oral will in an emergency, but the oral will shall be witnessed by more than two witnesses.
1. A notarized will shall be handled by the testator through the notary office. A notarized will is valid if it is revoked without notarization.
2. A self-made will shall be written and signed by the testator, indicating the year, month and day.
3. When an agent writes a will, there shall be two or more witnesses present, and one of them shall write the book on his behalf, indicating the year and month, and shall be signed by the agent, other witnesses and the testator.
4. If a will is made by recording, there shall be more than two witnesses present.
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.
Notarization will procedure:
1. testator's application:
The testator must go to the notary office of the place of residence in person and cannot entrust others to handle it. To apply for notarization of wills, he must fill out a notarization application form.
2, the notary office accepted:
Notaries need to examine whether the testator has full capacity for civil conduct, whether the testator's expression of will is true and whether he has the right to dispose of property.
3, will review:
Notarization of wills shall be handled by two notaries at the same time, and notaries shall abide by the withdrawal procedure when handling notarization of wills.
4. Approval for issuing certificates:
After examination, the notary thinks that a notarial certificate can be issued, and the notary drafts the notarial certificate and submits it for record and approval; No one may examine and approve the notarized matters undertaken by himself.
5. Effective time of notarial certificate:
Unless otherwise provided by law, the testamentary notarial certificate shall take effect from the date of approval.
6. Receive a notarial certificate:
The testamentary notarial certificate shall be collected by the testator at the notary office; When necessary, it can also be sent by the notary office. If served by a notary office, the testator shall sign or seal the receipt of the notarial certificate, and indicate the date of receipt, the number of copies and the number of the notarial certificate.
legal ground
People's Republic of China (PRC) Civil Code
Article 1062 The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.