First, is the notarization of the will of the elderly effective?

Notarization of wills refers to a legal act in which a citizen makes arrangements for his property before his death and is notarized by a national notary office, and it takes legal effect immediately after his death.

Notarization of wills means that a notary office proves the authenticity and legality of the testator's will. It requires the testator to make a will in front of a notary, and then the notary will prove the contents of the will and the signature of the testator. Notarized wills have the following advantages:

(1) The content and form of the will comply with the law, and the will made is valid.

(two) the contents of the will are not easy to be tampered with and forged.

(three) to ensure the realization of the effectiveness of the will, protect the legitimate rights and interests of the testator and the beneficiary of the will, and prevent the occurrence of inheritance disputes caused by the will.

If there is no new notarized will to overturn it, the notarized will is always valid.

Second, the procedure of notarization of wills

Notarial will is the most effective form of all wills. "A notarized will cannot be revoked or changed by writing, writing, recording, oral will, etc." Because the legal effect of notarization is the most obvious, the requirements for notarization will itself are also strict.

(1) Notarization of wills must be handled in strict accordance with legal procedures: 1. Apply. The applicant shall fill in an application for notarization and issue relevant certificates such as identity certificate and property certificate. 2. review. It mainly examines whether the testator has full capacity, whether the contents of the will are legal, whether the testator has the right to dispose of the property disposed of by the will, and whether the will of the testator is true. 3. Be notarized.

(two) notarization must be handled by the notary office, and all the certificates of unit leaders, organizations, streets and government agencies cannot be called notarization.

(3) Notarization must be handled by the testator himself. Because making a will is a civil legal act closely related to personal relationship, just like marriage, divorce and adoption, it cannot be handled by relatives, friends or lawyers. If the testator is unable to go out due to illness or has difficulty in going out, he may be invited by another person to go to the testator's residence for notarization in person.

(four) the examination of wills must be handled in strict accordance with the law.

3. What are the classifications of wills?

(1) notarized will

A notarized will shall be handled by the testator through the notary office. Notarization of wills requires the testator to go to the notary office where his household registration is located in person, and cannot entrust others to act as agents. If the testator cannot go to the notary office to notarize his will in person due to illness or other special reasons, he may ask the notary office to send a notary to the place where the testator is located to notarize. It is worth noting that if the testator wants to change or cancel the original notarized will, he must also go to the original notary office to handle it.

(2) I wrote my own will

A self-made will must be written and signed by the testator, indicating the year, month and day of production. A self-made will also has legal effect without the presence of witnesses.

(3) testamentary agency

A will written by proxy refers to a will written by someone else because the testator can't write. China's Civil Code stipulates: "A will that entrusts others to write a book on behalf of others shall be witnessed by more than two witnesses, and one of them shall write the book on behalf of others, indicating the year, month and day, and shall be signed by the agent, other witnesses and the testator.

(4) recording wills

The recorded will refers to the will made by the testator in the form of recording. In order to prevent the recorded will from being tampered with or recording false wills, the Civil Code clearly stipulates: "A will established in the form of records shall be witnessed by more than two witnesses." The way of witnessing can be written or recorded. After the recorded will is made, it shall be stamped on the spot and signed by the witness, indicating the year, month and day.

(5) Verbal will

The Civil Code stipulates: "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 lifted, if the testator can make a will in written or recorded form, the oral will made will be invalid. " Because oral wills are easy to be tampered with and forged, and cannot be verified after the death of the testator, the Civil Code has made the above restrictive provisions on oral wills. The civil code also stipulates three forms: notarization, self-writing and proxy writing. It also stipulates that you can dictate your will in case of death or other emergencies. An oral will shall be witnessed by two or more witnesses. After the crisis, the oral will is invalid.

To sum up, notarization is effective if the old man notarizes the will before his death. Even if there is no notarization, the will is valid as long as it is the true meaning of the old man.

Legal objectivity:

Article 5 of the detailed rules for notarization of wills. A testator applying for notarization of a will shall personally apply to a notary office. If it is difficult for the testator to go 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 residence in written or oral form. Article 19 The notary office shall terminate the notarization of wills if the testator dies or loses his capacity before the examiner of the notary office approves the notarization of wills. If a will provided by the testator or recorded by a notary on behalf of a book meets the conditions of writing on behalf of a book or being witnessed by a notary, the notary office may send the will to the beneficiary of the will and keep a copy in the file where the notarization is terminated. After the approval of the notary office, if the testator dies or loses his capacity, the notary office shall complete the production of a 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 by the notary office for the record. Article 25 of the Notarization Law: A natural person, a legal person or any other organization may apply for notarization at the notary office of his domicile, habitual residence, place of behavior or place where the fact occurred. The application for notarization involving real estate shall be submitted to the notary office where the real estate is located. Article 133 of the Civil Code of People's Republic of China (PRC) * * * A natural person may make a will to 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. Article 139 of the Civil Code of People's Republic of China (PRC) shall be notarized by the testator through a notarization institution.