1. Self-made will: it must be written and signed by the testator, indicating the year, month and day;
2. Wills written on behalf of the testator: there must be more than two witnesses present, one of whom will write on behalf of the testator, testator and other witnesses, and indicate the year, month and day;
3. Print the will: there must be more than two witnesses present. The testator and the witness shall sign on each page of the will, indicating the year, month and day;
4. Audio and video recording: A will made in the form of audio and video recording must be witnessed by more than two witnesses. The testator and witness shall record their names or portraits, as well as the year, month and day;
5. Oral will: 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 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;
6. Notarization of wills: It must be handled by the testator through the notary office.
Will failure has the following situations:
1. Failure due to valid bequest and maintenance agreement
(1) Because of the law, after the inheritance begins, it shall be handled according to the statutory inheritance;
(2) If there is a will, it shall be inherited or bequeathed according to the will;
(3) if there is a legacy support agreement, it shall be handled in accordance with the agreement;
(4) If there is a conflict between the will and the legacy support agreement, the will with the conflict will be invalid;
2. Failure caused by the testator's incapacity or limited capacity for civil conduct. Because the law stipulates that the testator must have full capacity for civil conduct, the will made by ordinary minors or mental patients is invalid;
3. Failure due to violation of the testator's true will;
4. Invalidity caused by conflicts in the contents of multiple wills;
5. Failure caused by ineffective disposal of property that does not belong to him;
6. Failure due to violation of mandatory legal provisions;
7. Failure due to abandonment or loss of inheritance;
8. Failure caused by paying off debts;
9. Failure caused by the disposal of property before the testator's life. Because this part of the property has been disposed of before his death and has the right to dispose of it, it is invalid because it is no longer the testator's legacy;
10, the testator died before the decedent;
1 1. The law has certain requirements on the form of a will, even if it is true, it is invalid.
To sum up, it is better to have more than two witnesses in a will that is not written by yourself, and the witnesses cannot have an interest in the testator. Because people with interests are more likely to be driven by interests and make untrue proofs.
Legal basis:
Article 134th of the Civil Code of People's Republic of China (PRC)
A self-made will is written and signed by the testator, indicating the year, month and day.
Article 135
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, which shall be signed by the testator, agent and other witnesses, and marked with the year, month and day.
Article 136
Printing a will should 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.
Article 137
A will made in the form of audio and video recording shall be witnessed by two or more 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.
Article 138
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.
Article 139
A notarized will shall be handled by the testator through a notarization institution.
Article 140
The following persons cannot be witnesses to the will:
(1) Persons without civil capacity, persons with limited civil capacity and other persons without witness capacity;
(2) Heirs and legatees;
(3) People who have an interest in the heirs and legatees.