Citizens have the right to dispose of their legitimate personal property, and the way of will is stipulated by law to reflect the true will of citizens. The testator entrusts others to print his will. Although the will is not written by the parties themselves in form, the conclusion and content of the will are the true meaning of the parties. The will was signed by him personally and should be considered valid.
There was no provision for printing wills before the Civil Code of our country, so it is controversial whether printing wills is effective. With the development of economy and society, the number of printed wills is increasing, and the Civil Code actively responds to this problem and adds the effective form of printed wills. Printing wills refers to wills written by computers and printed by printers. There are strict requirements for printing wills. The formation of a will must be witnessed by more than two witnesses, and the testator and the witnesses must sign on each page and indicate the year, month and day. A witness shall not be one of the three categories of persons specified in Article 1 140 of the Civil Code.
Whether printing a will is valid or not is the focus of controversy that often appears in inheritance disputes. When making a printed will, we need to pay attention to the following situations: compared with writing a will by ourselves, we only need to write and print the signature and date on the will in person, so in order to prevent forgery, the law has stricter requirements on the form of printing the will. When the witness meets the legal requirements, the witness shall witness the whole process of "typing" and "printing" of the will, and the testator and the witness must sign each page and indicate the year, month and day. It should be noted that it is also invalid to write only January of a year without indicating the specific date. In addition, if there are several wills with different dates, including notarized wills, the last valid will shall prevail.
Format of will
1. My identity description
ID number, residence and close relatives.
2. Instructions from the executor entrusted by me
Identity card, power of attorney, domicile, and the relationship between the designated executor and himself. If there is any interest, it shall be indicated that the effectiveness of the person subjected to execution will not be affected, and a backup executor shall be appointed. Confirmation signature includes demonstrations of various signature fonts.
3. Explain the legal effect of my will
The legal basis, physical condition, mental state, capacity for action, the true will of the testator and the contents of the will shall be true and lawful, the property disposed of shall be owned by the individual, and the necessary share shall be reserved for the heirs who lack the ability to work and have no source of income. The time, place and process of the formation of the will or draft will provided by the testator, whether it was written by himself or by others, whether it was my true intention, and whether it was revised or supplemented. The agent's signature, seal and handprint on both the will and the draft will are all made by himself.
4. Description of my property
On the base date, real estate, deposits, stocks, automobiles, cash, investment, real estate, creditor's rights and other items. And whether the relevant contracts, property certificates and vouchers have been disposed of by means of wills or bequests, maintenance agreements, etc., and whether there are conditions for restricting ownership such as guarantee, sealing up and seizure.
5. My insurance description
Basic information of beneficiary, guardian and executor and relevant contract documents.
6. Execution of my related affairs
Creditor's rights and debts, property distribution, personal belongings: cars, computers, books, letters, photos, letters to relevant personnel.
7. If the contents of the previous will and several wills are inconsistent, the last will shall be used as a valid statement.
8. Signature and date
Legal basis:
civil law
Article 136
Printing a will should be witnessed by more than two witnesses. The testator and the witness shall sign on each page of the will and indicate the year, month and day.
Article 140
The following persons cannot be witnesses to the will:
(1) Persons without civil capacity, persons with limited civil capacity and other persons without witness capacity;
(2) Heirs and legatees;
(3) People who have an interest in the heirs and legatees.