Current location - Quotes Website - Signature design - The date of signature of the testator is different from that of the witness. Is the will valid?
The date of signature of the testator is different from that of the witness. Is the will valid?
According to the provisions of China's "People's Republic of China (PRC) Law of Succession", if the witness has no interest in the will and the signing date is different, the will is valid according to the principle of "permission is deemed if the law does not prohibit it". It can be that the testator writes a will in advance and signs it, and then finds someone who is willing to prove it and signs it and dates it.

Emergency means that the testator is critically ill and has died, and there is no chance to make a new will.

Of course, if the testator has no writing ability, such a will will always take effect.

It doesn't matter who brought the witness, the book agent and the people present, what matters is that they should have independent civil capacity. In addition, the presence of the testator's uncle and brother is not a necessary condition for the establishment of the will.

Extended data:

Validity and identification:

According to the law, the witness must be a person with full capacity for civil conduct and must have no interest in the inheritance and the decedent. I think it is more important that at least two witnesses should witness the whole process of writing a will. The law only guarantees the justice of witnesses in essence, but the procedural justice can not be ignored.

In fact, in the case of only two witnesses, if one witness or two witnesses do not fully witness the whole process, how will this agency be recognized? We think that such a will is invalid, because in this case, there is objectively a witness who is not present at a certain point in time.

This does not meet the legal requirement that there must be more than two witnesses at the scene. The more complicated situation is that if there are more than two witnesses, there are two or more witnesses at a certain point in time. In this case, the key is to see if two or more witnesses have witnessed the whole process completely.

Baidu Encyclopedia-Ghost Will