1. Must the will be in duplicate?
How many wills are needed? There is no uniform provision in the law. It should be decided according to the actual will. There is no requirement for the number of copies in a self-written will, which is generally kept by oneself or by a designated heir. If you want to notarize the will, you usually need three copies, and you can confirm the notarization procedures with the local notary office before handling it. A written will must be signed by the testator and marked with the year, month and day. A will made by a person without capacity or with limited capacity is invalid, and the true meaning of the testator must be indicated. A will concluded by coercion or deception is invalid, a forged will is invalid, a will is tampered with, the tampered content is invalid, and a will that is not inherited by me is invalid.
Two. Civil law (effective from 20211)
Article 133 A natural person may make a will and dispose of his personal property in accordance with the provisions of this Law, and may designate an executor.
A natural person may make a will to designate personal property to be inherited by one or more legal heirs.
A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir.
A natural person may establish a testamentary trust according to law.
Article 134 A self-made will shall be signed by the testator and marked with the year, month and day.
Article 135 A will written by an agent shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, agent and other witnesses, and shall be signed by the testator, agent and other witnesses, indicating the year, month and day.
Article 136 A printed will shall be witnessed by two or more witnesses. The testator and the witness shall sign on each page of the will and indicate the year, month and day.
Article 137 If a will is made in the form of audio and video recording, two or more witnesses shall be present to witness it. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.
Article 138 A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.
Article 139 A notarized will shall be handled by the testator through a notarization institution.
Article 140 The following persons cannot be witnesses to a 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.
Article 141 A will shall reserve a necessary share of the inheritance for heirs who lack the ability to work and have no source of income.
Article 142 A testator may withdraw or change his will.
After making a will, if the testator carries out a civil legal act that is contrary to the contents of the will, it shall be regarded as withdrawing the relevant contents of the will.
There are several wills. In case of conflict, the last will shall prevail.
The decedent may dispose of his estate through a will, and the specific circumstances related to the will can be handled in accordance with the procedures and requirements stipulated in the above-mentioned laws, especially in the determination of related matters, and the number of wills can be issued according to the specific circumstances of the will.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 133 of the Civil Code of People's Republic of China (PRC). A natural person may make a will and dispose of personal property in accordance with the provisions of this law, and may appoint an executor.
A natural person may make a will to designate personal property to be inherited by one or more legal heirs.
A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir.
A natural person may establish a testamentary trust according to law.