Question: Wu Yimin and his brother Wu Yisheng had a dispute over inheriting his father's inheritance because Wu Yisheng objected to the suicide note held by his brother Wu Yimin, pointing out that the suicide note was not written by his father, but by Wu Yimin's wife and brother-in-law. The witness was Wu Yimin's wife and brother-in-law, and the father himself did not sign it. Excuse me: Is this kind of proxy will valid?

The proxy will is invalid. Writing a will by proxy refers to the will that the testator can entrust others to write on his behalf when he can't write a will himself or because of other circumstances. A proxy will is only valid if it conforms to the statutory form. Paragraph 3 of Article 17 of the Inheritance Law stipulates: "When an agent writes a will, it shall be witnessed by more than two witnesses, and one of them shall write the book on his behalf, which shall be registered on the date of, and signed by the agent, other witnesses and the testator." Article 18 of the Inheritance Law also makes specific provisions for the testator: the following persons cannot be the testator: ① persons with no capacity or with limited capacity; (2) Heirs and legatees; (3) People who have an interest in the heirs and legatees. From this point of view, Wu Yimin's "testamentary letter", on the one hand, does not have his father's autograph, on the other hand, the two witnesses are his wife and his wife's younger brother, who are interested in the heirs, so they cannot be used as witnesses. Therefore, Wu Yisheng's suggestion that the agent's will is invalid is valid. After the proxy will is deemed invalid, the father's property shall be treated as legal inheritance. If his old father lived with Wu Yimin all the time before his death, and Wu Yimin has done a lot of maintenance obligations, then he can be given more when dividing the estate, which is also in line with the spirit of inheritance law.