Legal provisions on notarization of inheritance houses

Article 1 In order to standardize the notarization procedure of wills, these Detailed Rules are formulated in accordance with the Law of the People's Republic of China on Succession and the Provisional Regulations on Notarization of the People's Republic of China.

Article 2 A will is a unilateral legal act in which a testator disposes of his personal property or handles other affairs in a manner prescribed by law within the scope permitted by law before his life, and it takes effect at his death.

Article 3 Notary notarization is an activity that the notary office proves that the testator's act of establishing a will is true and legal according to legal procedures. A notarized will is a notarized will.

article 4 notarization of wills shall be under the jurisdiction of the notary office in the place where the testator has his domicile or where the testamentary act takes place.

Article 5 A testator who applies for notarization of wills shall personally apply to the notary office.

if the testator has difficulty going to the notary office in person, he may request the notary office with jurisdiction to appoint a notary to handle it at his residence or temporary premises in written or oral form.

article 6 notarization of wills shall be handled by two notaries, and one of them shall sign the notarial certificate. When handled by a notary due to special circumstances, a witness shall be present, and the witness shall sign the will and record. Witness and testator shall apply the Law of the People's Republic of China on Succession of States >: > The provisions of article 18.

Article 7 To apply for notarization of wills, the testator shall fill in an application form for notarization and submit the following documents and materials:

(1) Resident identity card or other identity documents;

(2) proof of property rights of real estate, means of transport or other property with property rights certificates involved in the will;

(3) other materials that the notary thinks should be submitted.

if it is really difficult for the testator to fill out the application form, a notary can fill it out on his behalf, and the testator shall sign the application form.

article 8 the notary office shall accept applications that are under its jurisdiction and conform to the provisions of the preceding article. For an application that does not meet the provisions of the preceding paragraph, the notary office shall make a decision not to accept it within three days and notify the applicant.

article 9 if a notary meets the circumstances stipulated in article 1 of the rules of notarization procedure (for trial implementation), he shall recuse himself, and the testator has the right to apply for the withdrawal of a notary.

Article 1 A notary shall explain to the testator the provisions of the General Principles of the Civil Law and the Law of Inheritance concerning wills and citizens' right to dispose of property, as well as the significance and legal consequences of notarizing wills.

article 11 the notary office shall conduct an examination in accordance with the provisions of article 23 of the rules of notarization procedure (for trial implementation), and focus on examining whether the identity and expression of will of the testator are true, coerced or deceived.

Article 12 When a notary asks a testator, no one other than witnesses and translators is allowed to be present. Notaries shall make transcripts of conversations in accordance with the provisions of Article 24 of the Rules of Notarization Procedure (Trial). The record of conversation should focus on the following contents:

(1) the physical condition and mental condition of the testator; If the testator is an elderly person, an intermittent mental patient or a seriously injured person, it shall also record his ability to recognize and respond to things;

(2) information about the family members of the testator, including the basic information about his spouse, children, parents and people living with him;

(3) whether the property disposed of in the will belongs to the testator personally, whether it has been disposed of in the form of a will or a bequest and maintenance agreement before, and whether there are any conditions that restrict the ownership, such as setting up a guarantee, sealing up or detaining;

(4) the time, place and process of the formation of the will or draft will provided by the testator, whether it is written by himself or on behalf of others, whether it is my true will, whether it is amended or supplemented, and whether there are conditions attached to the disposal of the estate; The situation of the agent, whether the signature, seal or handprint on the will or draft will is his own doing;

(5) If the testator fails to provide a will or a draft will, it shall make a detailed record of his intention to dispose of the estate;

(6) whether the executor is appointed and the basic information of the executor;

(7) other contents that the notary thinks should be inquired.

The transcript of the conversation shall be read to or by the testator on the spot. After the testator has no objection, the testator, notary and witness shall sign the transcript.

Article 13 A will shall include the following contents:

(1) The name, sex, date of birth and address of the testator;

(2) the status of the property disposed of by the will (name, quantity, location and whether it is owned or mortgaged, etc.);

(3) opinions on specific handling of property and other affairs;

(4) If there is an executor, the name, sex SIj, age and address of the executor shall be stated;

(5) the date when the will was made and the signature of the testator.

generally speaking, a will shall not include other contents unrelated to the disposal of property and the handling of matters after death.

article 14 if the will provided by the testator has not been amended or supplemented, the testator shall confirm the contents, signature and date of signing of the will in the presence of a notary.

if there are any amendments or additions to the will or draft will provided by the testator, it shall be submitted to the testator for checking and signature after sorting and copying.

if the testator fails to provide a will or a draft will, the notary can draft the will on his behalf according to the will of the testator. A will drawn up by a notary shall be checked by the testator and signed by him.

the above situation should be recorded in the person's conversation.

Article 15 Where two or more testators apply for notarization of the same will, the notary office shall guide them to set up wills separately.

if the testator insists on applying for notarization of the will, the conditions for the change, revocation and entry into force of the will shall be specified in the will.

Article 16 If a notary finds any of the following circumstances, the notary shall record or video when talking with the testator;

(1) The testator is old and weak;

(2) The testator is a critically ill person;

(3) The testator is deaf, dumb or blind;

(4) The testator is an intermittent mental patient or a mentally retarded person.

Article 17 A notary office shall issue a notarial certificate if the following conditions are met:

(1) The identity of the testator is true and he has full capacity for civil conduct;

(2) the will of the testator is true;

(3) The testator proves or guarantees that the property disposed of is his personal property;

(4) the contents of the will do not violate the legal provisions and the interests of the public, and the contents are complete, the written expression is accurate, and the date of signature and production is complete;

(5) The accreditation procedures are in compliance with regulations.

if the conditions specified in the preceding paragraph are not met, the notarization shall be refused.

Article 18 A notarized will shall be printed. The testator shall sign the printed notarized will after checking according to the original manuscript of the survivors.

If the testator can't sign or has difficulty in signing, the signature on the application form, written record and will can be replaced by stamping; If the testator can neither sign nor seal, the signature or seal shall be replaced by handprint.

in case of the circumstances specified in the preceding paragraph, the notary shall indicate it in the record. If the signature or seal is replaced by a handprint, the notary shall extract all the fingerprints of the testator and file them.

article 19 if the testator dies or loses his capacity before the notary office approves the notarial deed of will, the notary office shall terminate the notarization of will.

if a will provided by a testator or recorded by a notary on behalf of a book meets the conditions of writing a will on behalf of a book, or witnessed by a notary, the notary office may send the will to the beneficiary of the will and keep a copy of it in the file where the notarization is terminated.

after the approval of the approver of the notary office, if the testator dies or loses his capacity, the notary office shall complete the production of the notarized will. If the testator is unable to sign the printed notarized will, he may make a notarized will according to the copy of the original will that conforms to the provisions of Article 17, and the original will shall be kept in the notary office for filing.

Article 2 A notary office may keep notarized wills or self-written wills, written wills and recorded wills according to the Provisional Regulations on Notarization of the People's Republic of China; You can also keep sealed wills according to international practice.

Article 21 A notarized will volume shall be kept as a secret volume. After the death of the testator, it will be converted into a common volume for preservation.

Before the notarized will comes into effect, the will file shall not be borrowed, and the notary shall not disclose the contents of the will.

article 22 before a notarized will takes effect, it shall not be revoked or changed unless the testator applies for and performs the notarization procedures.

these provisions shall apply to the procedure for the testator to apply for revocation or alteration of the notarized will.

Article 23 After the notarized will comes into effect, the notary office shall investigate and verify if there is conclusive evidence to prove that part of the notarized will is illegal; After investigation and verification, if the notarization of part of the will is indeed illegal, the notary office shall revoke the notarization certificate of the illegal part of the notarization will.

article 24 if a wrong certificate is caused by the fault of a notary, the notary office shall be liable for compensation. Provisions on notarization compensation shall be formulated separately.