1, a will is a unilateral legal act, that is, a will is a legal act that can produce expected legal consequences based on the testator's unilateral expression of will.
2. The testator must have full capacity for civil conduct, and those with limited capacity and those without capacity for civil conduct cannot make a will.
3. The establishment of a will cannot be an agent. The content of a will must be the true meaning of the testator, which should be made by the testator himself and cannot be represented by others. If it is a will written by proxy, it must also be signed by myself and witnessed by more than two witnesses.
4. In case of emergency, it can only be used orally, and more than two witnesses are needed to witness it. After the state of emergency is lifted, if the testator can make a will in written form or recorded form, the oral will is invalid.
5. A will is an act that takes legal effect only when the testator dies. Because a will is a disposition made by the testator before his death, and it can be changed or revoked before his death, the will must be based on the testator's death.
6. If the testator is not actually dead, but has the relevant legal conditions and is declared dead by the people's court upon the application of the relevant interested parties, the will will also take legal effect, and the interested parties may dispose of the testator's property. If the testator reappears in a short time, the corresponding property can be returned to the testator; If it takes a long time, such as more than two years, and the property cannot be returned, the beneficiary shall help the testator's basic life within the scope of his benefit, but the legal obligor is not subject to this restriction.
Legal basis: Article 133 of the Civil Code of People's Republic of China (PRC)? A natural person may make a will and 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.