China's civil law stipulates that every citizen has the right to dispose of his legally owned personal property, and the decedent (testator) makes a will, which is essentially an act of disposing of his own property.
First of all, who has the right to inherit when there is no will? Article 10 of the Inheritance Law of People's Republic of China (PRC) stipulates that the inheritance shall be in the following order: the first order: spouse, children and parents. The second order: brothers and sisters, grandparents, grandparents. When the decedent has not made a will, the general principle is that the spouse, children and parents are legal heirs and inherit the inheritance equally.
Secondly, who can be designated to inherit when making a will? The testator may leave his will to the legal heir, or leave his estate to someone other than the legal heir, but it must conform to the principle of public order and good customs and leave the necessary share to the legal heir who has no independent living ability. Article 16 of the Inheritance Law stipulates that a citizen may make a will and dispose of his personal property in accordance with the provisions of this Law, and may designate an executor. Citizens can make a will and hand over their personal property to one or several legal heirs for inheritance. Citizens can make a will to give personal property to people other than the state, the collective or the legal heir.
3. Wills include notarized wills, self-written wills, written wills, recorded wills and oral wills. Notarized wills have the highest legal effect, and written wills, recorded wills and oral wills must have more than two witnesses. Oral wills can only be used in crisis situations, such as emergency situations. The specific legal provision is Article 17 of the Inheritance Law: notarized wills shall be handled by the testator through the 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.
Finally explain how to write a will. A will must specify the specific information of the testator, the property list and the details of the decedent. It is necessary for the executor to know clearly who left which inheritance to whom. Attached is a copy of the will template for everyone to learn and communicate.
Personal will
Testator: Zhang San
Gender: male;
Ethnic group: Han nationality;
Date of birth: XXXX, xx, xx, xx, xx;
Home address: Room XX, Building XX, District XX, XX City;
Id number: xxxxxxxxxx
Name of the person subjected to execution: Reese
Gender: male,
Home address: Room XX, Building XX, District XX, XX City;
Id number: xxxxxxxxx
I was worried that after my death, my children would have disputes over inheritance, so I specially invited Li Si as a witness. I am in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I. Property status
At present, * * * owns 1 property with a deposit of 200,000 yuan. Details are as follows:
(1) Property located in _ _ _ _ _ _ _ _ _
(2) Deposit 200,000 yuan in XX Branch of XX Bank.
II. Inheritance of Property After my death, the houses listed above were owned by my son Zhang Wu (gender: male; Date of birth: XXXX, xx, xx, xx, xx; Id number xxxxxxxx, relationship with me: father-son relationship).
Witness (signature):
Testator (signature):
Execution of will (signature):
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _