1. The self-made will is written and signed by the testator, indicating the year, month and day.
2. A will written on behalf of others shall be witnessed by two or more witnesses, and written by one of them, indicating the year, month and day, and signed by the agent, other witnesses and the testator.
3. If a will is made by recording, there shall be more than two witnesses present.
The testator can 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 is invalid.
5. A notarized will shall be handled by the testator through the notary office.
Making a will according to the above method has legal effect.
Where should I go to make a will?
Making a will should be handled by the local notary office, which is under the jurisdiction of the notary office where the testator lives or where the testamentary act takes place. Whether a will needs notarization is decided by the testator. According to the relevant laws and regulations, the testator can make a will in the following ways:
1, a notarized will, that is, a will made by a notary office, is the strictest way to make a will, which can truly guarantee the authenticity of the will expressed by the testator and is also the most reliable evidence to deal with the dispute of will inheritance;
2. Self-made wills, wills written by the testator himself. Writing a will by oneself means that the testator personally expresses his meaning in words;
The will written by the ghostwriter is written by another person. Usually, the will written by the ghostwriter should be completed when the testator can't write it or can't write it because of illness. However, in order to ensure that the will written by the ghostwriter is really the true meaning of the testator, and to reduce disputes, there should be more than two witnesses present, and one of them should write it, indicating the year, month and day, and the ghostwriter, the witnesses present and the testator should jointly write the will.
A recorded will is a will granted by the testator recorded by a tape recorder. Documenting wills is easy to forge and edit. Therefore, the law stipulates that a will concluded in the form of audio recording should be witnessed by more than two witnesses to prove the authenticity of the will;
An oral will is a will expressed orally by the testator and is not recorded in any way. Oral wills are completely proved by witnesses, which is very prone to disputes. Therefore, the law stipulates that the testator can only make an oral will in an emergency, and there must be more than two witnesses present. After the state of emergency is lifted, if the testator can make a will in written or recorded form, he shall make a will in written or recorded form, and the oral will made shall be invalid.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Civil Law
Article 134 A notarized will shall be handled by the testator through a notary office.
A self-made will is written and signed by the testator, indicating the year, month and day.
A will that entrusts others to write on behalf of others shall be witnessed by two or more witnesses, and one of them shall write on behalf of others, indicating the year, month and day, and shall be signed by the agent, other witnesses and the testator.
If a will is made by recording, there shall be two or more witnesses present.
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 is invalid.
Article 143 A will made by a person with no capacity or with limited capacity is invalid.
A will must express the true meaning of the testator, and a will made by coercion or deception is invalid. Forged wills are invalid.
If the will is tampered with, the tampered contents are invalid.