On the other hand, if you don't write it yourself, you don't sign it after you finish it, and you don't indicate the year, month and date. The validity of one's own will may be questioned or denied.
Self-made wills are generally not recommended to be altered, added or deleted. You can choose to print it out for reference, and then copy it yourself to avoid alteration.
If it is necessary to make adjustments or changes after a will is made, a new will should be made, and it is not appropriate to delete or modify the original will. It is suggested to indicate which new will is and the conflict with the previous will to avoid unnecessary disputes.
A will is generally kept by the testator himself or the trustee.
(2) Writing a will by proxy: Article 135 of the Civil Code stipulates: "When writing a will by proxy, there shall be two or more witnesses, one of whom shall write the will by proxy, and the testator, agent and other witnesses shall sign it, and indicate the year, month and day." There must be two witnesses who are not interested in writing a will, one of whom writes and signs the book and the other signs it. In addition, the testator will also need to sign, and both the testator and the witness need to indicate the date of signing.
After the implementation of the Civil Code, the method of substituting books can be handwritten or printed. In order to determine the authenticity of the will in succession disputes, it is suggested to write a book by hand first.
The requirements for writing a will are strict, so it is recommended to use it with caution.
(3) Print the will
Article 136 of the Civil Code stipulates: "A printed will shall be witnessed by more than two witnesses.
The testator and the witness shall sign on each page of the will and indicate the year, month and day. "
The printed will is a new type of will in the civil code, which needs to be witnessed by more than two independent witnesses. The will shall be printed by the testator himself, signed by the testator and witnesses after printing, and marked with the year, month and day on each page of the will.
The authenticity of a will is the premise of determining its validity. It is recommended to record and video the whole process when printing the will.
(4) Audio and video recording will
Article 137 of the Civil Code stipulates: "A will made in the form of audio and video recording shall be witnessed by more than two witnesses.
The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording. "
Audio-visual recording of wills shall adopt professional audio-visual recording equipment and be witnessed by two or more disinterested witnesses. Audio-visual recording will should meet the testator and witness, and the testator and witness can also introduce their names in the audio-visual recording will, indicating the date when the audio-visual recording will was formed.
The carrier of the audio-visual will is recording equipment, and copying the audio-visual will to a computer or other carrier is a copy. It is suggested that the recording equipment should be properly kept in the will made by audio and video recording, and the original materials of the audio and video recording will should not be deleted at will.
(5) Verbal will
Article 138 of 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 eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid. "
Generally speaking, oral wills can only be used in extreme cases, that is, emergency situations, and there should be more than two independent witnesses present to witness them.
After the emergency is eliminated, if a will can be made in writing or in other forms such as audio and video recording, the oral will is invalid.
(6) Notarization of wills
Article 139 of the Civil Code stipulates: "A notarized will shall be handled by the testator through a notarization institution." Article 142 stipulates: "The testator may withdraw or change his will.
After making a will, if the testator carries out a civil legal act that is contrary to the contents of the will, it shall be regarded as withdrawing the relevant contents of the will.
There are several wills. In case of conflict, the last will shall prevail. "