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The old man gave away a million-dollar property to his nanny. Is such a will legally valid?

As a legal person, I feel it is necessary to analyze the legal effect of his will from a legal perspective.

Conclusion: According to the news description, the old man can communicate normally with the staff of the will library, and only donated his half of the real estate. So this will, to be precise, is a bequest, and of course it is legal and valid. of. The old man handled his property completely according to his own wishes and should not be criticized in this way.

1. Is the old man’s legacy valid?

Original news text: “Old man Jia said that now that he is old, the only thing of value is a set of more than 60 square meters with a market value of about 120 A house worth about 10,000 yuan. Since my wife only owned the property when he was alive, half of the property rights can be controlled by himself, and he currently has no other better way to repay it, so he decided to transfer this half by making a bequest. The property is given to the nanny. “Because the nanny is from out of town and is now alone in Suzhou and has no one to rely on. This way, she will have a guarantee in the future. ”

It can be seen from the news that the old man communicates with others, is in a normal state of mind, and made the bequest entirely out of his own will. First of all, the law protects the free will of each of us, and everyone has the right to dispose of his or her own property. Property does not require the consent of the children. Secondly, the nanny is not his legal heir, so the old man is a bequest, and the bequest is certainly protected by the law. The bequest made by the old man is of course valid.

According to Article 16 of the "Succession Law" General Provisions on Wills and Bequests

Citizens may make a will to dispose of personal property and appoint an executor in accordance with the provisions of this law. Citizens may make a will to designate an executor of personal property. A citizen may inherit by one or more legal heirs.

Article 17: Notarization of wills

A will shall be processed by the testator through a notary office. A self-written will shall be written by the testator and signed by the testator, and the year, month and date shall be marked. , month, day, and signed by the attorney, other witnesses and the testator. A will made in the form of a recording must be witnessed by two or more witnesses. In an emergency, the testator may make an oral will. There should be two or more witnesses present. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will will be invalid.

According to the news description, the old man went to the will center to make the will. When he wrote a will and bequeathed half of his real estate to the nanny, it can be seen that the old man checked the relevant legal provisions and carefully considered it.

2. Can the bequest be reneged on?

According to Article 20 of the "Succession Law"

If a testator has made several wills and the contents are conflicting, the last will shall prevail. Notarized wills such as writings, recordings, and oral wills cannot be revoked or changed.

In other words, if some people are worried that the old man has been deceived into making a decision, they are not afraid. The old man understands the situation, and if it was made by being deceived, the old man can revoke the bequest, which is absolutely fine. If the old man is unwilling to change, then no one can change his will. If the old man is free to live in this world. Isn’t it too sad that I don’t even have the freedom to dispose of my own inheritance? I hope that when I get older, I can follow my heart.

The above is my analysis, I hope it helps. Thank you.