As long as the following four conditions are met, the will will be considered valid:
1. The person making the will must be a civil subject and a person with full capacity for civil conduct. A will made by a person without capacity for civil conduct or a person with limited capacity for civil conduct is invalid;
2. The content of the will must be the true intention of the testator. If the will is made by the testator due to fraud, coercion, etc., A will is invalid, a forged will and a tampered will are also invalid.
3. The will can only distribute the legal and valid personal property of the testator. If the will distributes the property of the country, collective, or others, then this part is invalid.
4. The will must reserve the necessary share of the inheritance for heirs who lack the ability to work and have no source of income. If there is no inheritance share reserved for such heirs, then when disposing of the estate, the necessary inheritance should be left to the heirs, and the remaining inheritance can be handled with reference to the distribution principles determined by the will.
:
There are several forms of wills:
1. Self-written will. A self-written will must be written and signed by the testator, and the year, month and day must also be indicated;
2. Written will on behalf of others. A written will must be witnessed by two or more witnesses, one of whom should write it on behalf of the will, and the will should be signed by the testator, the scrivener, and other witnesses, and the year, month, and day must also be indicated.
A witness refers to a third person who certifies the authenticity of a will. Witnesses need to meet certain conditions: they must have the ability to witness the authenticity of the will; they must be neutral, that is, they must have no interest in the contents of the will.
3. Print the will. It means that the contents of the will are printed by machine equipment. The printed will must be witnessed by more than two witnesses. The testator and the witnesses must sign each page of the will and indicate the year, month, and day.
4. Record the will. A will made in the form of audio and video recording must be witnessed by two or more witnesses. The testator and witnesses should record their names or portraits in the audio and video recordings, and also indicate the month and day.
5. Oral will. Refers to the testator's oral expression of his distribution of the estate. In critical circumstances, a testator may make an oral will. An oral will must be witnessed by at least two witnesses.
If the testator is able to make a will in writing or in the form of audio and video recordings after the critical situation is resolved, the oral will will be invalid.
6. Notarize the will. Refers to the will of the testator that has been processed by a notary public. Notarization of a will must be done in person by the person making the will, and no other person may be entrusted with the notarization.
Legal basis
The "People's Republic of China and Civil Code" stipulates that after making a will, the testator can withdraw or change the will he made. After making a will, if the testator carries out civil legal actions that are contrary to the contents of the will, it may be regarded as a revocation of the relevant contents of the will. If there are multiple wills and their contents are conflicting, the last will shall prevail.
That is, there are several wills made by the testator with conflicting contents. The time when the will was made is used as the criterion for determining the validity of the will. Regardless of the form of the will, the last will made by the testator has priority. effectiveness.
The People’s Republic of China and the Civil Code