From the form of will: notarization of will, whether there are legal procedures for making will. Write your own will, whether the testator's handwriting is written by himself. Whether the witness really witnessed the will on behalf of the book, and whether there is an interest relationship with both parties. Whether the recorded will and audio were forged or edited, and whether the witness witnessed it according to the regulations.
The basic elements of a valid will:
(1) The testator must be able to make a will.
(2) The legacy of testamentary disposition can only be the property legally owned by individuals, and it is invalid to dispose of other property.
(3) The content of the will must be the expression of the testator's true meaning.
(4) In the will, the inheritance right of the heirs who lack the ability to work and have no source of income will not be revoked.
(5) The inheritance share of the fetus should be retained in the will. According to Article 28 of the Inheritance Law, the share of the fetus' inheritance shall be reserved in the will.
(6) The form of a will must conform to the provisions of the law.
Extended data
Characteristics of will:
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.
If the contents of a natural person's suicide note about the disposal of personal property after death are really the expression of the true meaning of the deceased, and are signed and marked by himself, and there is no evidence to the contrary, they are regarded as self-written wills. A self-made will shall be written and signed by the testator, indicating the year, month and day.
legal ground
Article 123 of the Civil Code
After the beginning of inheritance, it shall be handled in accordance with legal inheritance;
If there is a will, it shall be inherited or bequeathed according to the will;
If there is a legacy support agreement, it shall be handled in accordance with the agreement.