I once handled a notarized will. In May 2006, the party Li Jie (pseudonym) personally went to the notary office and asked for notarization of the will. He made a will, and the legal property under his name was inherited by his second son Li (a pseudonym) and his eldest daughter (a pseudonym) after his death. Li Jie also has an eldest son named Li Xiaoming (a pseudonym), but Li Jie did not leave any property for his eldest son Li Xiaoming in his will. According to the rules of notarization of wills, the notary examined the relevant materials provided by Li Jie, made a transcript of the conversation, recorded Li's will, and made a notarial certificate of Li Jie's will as required.

Four years later, when Li Jie died of illness and his second son Li and eldest daughter inherited his father's estate as required, Li Xiaoming, Li Jie's eldest son, took out a letter-on-behalf will, which again disposed of the property notarized in May 2006, and asked Li Xiaoming to inherit Li Jie's property according to the letter-on-behalf will and appeal to the court.

Whether the proxy will can be revoked, altered or notarized has become the focus of controversy.

Article 17 of China's Inheritance Law stipulates the legal forms of wills, that is, there are five legal forms of wills: (1) notarized wills, (2) written wills, (3) written wills, (4) recorded wills and (5) oral wills.

1, notarized will. It refers to the written will that the national notary office confirms its authenticity and legality according to law. A notarized will shall be applied to the notary office by the testator himself. Compared with other wills, it is the strictest and can better guarantee the authenticity of the will, so it has the highest effect. Paragraph 3 of Article 20 of the Inheritance Law stipulates that a notarized will may not be revoked or changed in writing, writing on behalf of others, recording or orally.

2. Make your own will. Refers to the will written by the testator. This form of will is simple and confidential, and it is the most commonly used form of will. Paragraph 2 of Article 17 of the Inheritance Law stipulates that a self-made will shall be written by the testator, signed and marked with the year, month and day.

Step 3 write a will. It is a will that is dictated by the testator and written by others. Ghost will is also called ghost will or oral will. Paragraph 3 of Article 17 of the Law of Inheritance stipulates that a will entrusted to another person to write a book shall be witnessed by more than two witnesses, and one of them shall write the book on his behalf, indicating the year, month and day, and shall be signed by the agent, other witnesses and the testator.

4. record the will. It refers to a will that records the oral contents of the testator by recording.

5. record the will. A will expressed orally by the testator but not recorded in any way.

In this case, Li Xiaoming's will is a will made by the testator in the presence of witnesses, which conforms to the legal characteristics of the will on behalf of books and should belong to the will on behalf of books. Notarized wills are notarized by the notary office in person by the testator. According to the provisions of the inheritance law, this notarized will has the highest probative effect. Therefore, Li He's notarized will cannot change or revoke Li Xiaoming's proxy will.

It should be emphasized that the notarization of the testator after notarization by the notary office is not necessarily completely irrevocable or changeable. If the testator wants to revoke or change the notarized will, he must change it through notarization. That is, the testator goes to the notary office in person, and then asks the notary to make a new notarized will to replace or change the previous notarized will. That is to say, for the existing notarized will, only when the testator makes a new notarized will to change the previous notarized will can the legal effect of changing the original notarized will be truly realized! (Shi Qiaolan)