Article 1367 of the Civil Code stipulates that a will made in the form of audio and video recording shall be witnessed by more than two witnesses. The testator and the witness shall record their names and the year, month and day in the audio and video recording. This article only stipulates the normative requirements of the will form, but does not deny the legal consequences of the lack of formal elements. Regarding the invalidity of wills, Article 1 143 of the Civil Code stipulates that wills made by persons without civil capacity or with limited capacity are invalid; A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid; Forged wills are invalid; If the will is tampered with, the tampered contents are invalid.
According to this article, the Civil Code does not stipulate that a will with defects in form is invalid. In other words, a will with formal defects is invalid, not because of the lack of legal formal elements, but because the lack of legal elements leads to the uncertainty of the authenticity of the expression of will.
Although it was mentioned in the Reply of the Supreme People's Court Research Office on whether the testator's true will expression can be regarded as valid although it does not meet the statutory formal requirements, the reply is a case-by-case reply to the testator's will expression, and the civil code does not stipulate that the audio-visual will with defects in form is invalid, so the validity of the audio-visual will should be determined according to the provisions of the civil code and the facts of this case.