legal analysis

A will written by proxy shall be witnessed by two or more witnesses, one of whom shall write the book by proxy, indicating the year, month and day, and shall be signed by the proxy, other witnesses and the testator. According to the law, one of the witnesses can be a scrivener. Testament witnesses must be present to personally witness the whole process of writing a will. The proxy, other witnesses and testator all need to sign the will, and the proxy will must indicate the year, month and day. In addition, the effectiveness of the will by proxy needs to meet the substantive and formal requirements of the validity of the will. The essential element is to ensure that the will is legal and effective in content, the content of the will must be the true meaning of the decedent, and the disposed estate must also be the property legally owned by the individual. The formal requirements include: 1. The testamentary will must be dictated by the decedent himself and written by one of the witnesses. 2. There must be two or more witnesses to the will of the proxy, and one of the witnesses can be the proxy. 3. Testament witnesses must be present to witness the whole process of writing a will. 4. The proxy, other witnesses and testator all need to sign the will, and the proxy will must indicate the year, month and day. A ghostwriting will is also called a ghostwriting will. A will that is dictated by the testator because he can't write and entrusted to others to write on his behalf.

Legal basis

Article 135 of the Civil Code of the People's Republic of China

A will written by proxy shall be witnessed by more than two witnesses, one of whom shall write the book on behalf of the testator, the proxy and other witnesses, and the year, month and day shall be marked.

Article 114 The following persons cannot be witnesses to a will: (1) persons with no capacity for civil conduct, persons with limited capacity for civil conduct and other persons without witness capacity; (2) Heirs and legatees; (3) People who have an interest in the heirs and legatees.

Article 142 A testator may withdraw or change his will. After making a will, if the testator carries out a civil legal act contrary to the contents of the will, it shall be regarded as the withdrawal of the relevant contents of the will. There are several wills, and if the contents conflict, the last will shall prevail.