1. A will refers to a legal act in which a testator makes personal dispositions of his estate or other affairs within the scope permitted by law and in accordance with the methods prescribed by law during his lifetime, and becomes effective when the testator dies.

2. Laws and regulations:

Article 16 of the "Succession Law of the People's Republic of China" clearly stipulates: "Citizens may make a will to dispose of personal property in accordance with the provisions of this law. And can appoint an executor. Citizens can make a will to designate one or more legal heirs to inherit personal property. Citizens can make a will to donate personal property to the state, a collective or a person other than the legal heir. ”

< p>Article 17 The notarization of a will shall be handled by the testator through the notary office. A self-written will is written and signed by the testator, and the year, month and day are indicated. A written will must be witnessed by two or more witnesses, one of whom should write it on behalf of the person, indicate the year, month and day, and be signed by the agent, other witnesses and the testator.

A will made in the form of a recording must be witnessed by two or more witnesses. In critical circumstances, a testator may make an oral will. An oral will must be witnessed by two or more witnesses. 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.

Article 18 Witnesses of wills

The following persons cannot serve as witnesses of wills:

(1) Persons without capacity or persons with limited capacity;?

(2) Heirs and legatees;?

(3) Persons who have an interest in heirs and legatees.

Article 19 Provisions on special portions

The will shall reserve the necessary share of the inheritance for heirs who lack the ability to work and have no source of income.

Article 20 Revocation and changes of wills

A testator may revoke or change his or her own will. If there are several wills and their contents are conflicting, the last will shall prevail. A notarized will cannot be revoked or changed if it is self-written, written on behalf of someone, recorded, or oral.

Article 21 Wills with obligations attached

If there are obligations attached to testamentary inheritance or legacy, the heir or legatee shall perform the obligations. If a person fails to perform his obligations without justifiable reasons, upon the request of the relevant unit or individual, the people's court may cancel his right to receive inheritance.

Article 22 Invalidity of Wills

A will made by a person without capacity or with limited capacity is invalid. A will must express the true intention of the testator. A will made under duress or deception is invalid. A forged will is invalid. If the will is tampered with, the tampered content will be invalid.

Extended information:

Characteristics of a will:

1. Characteristic 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 intention.

2. Feature 2

The testator must have full capacity for civil conduct

Those with limited capacity for civil conduct and persons without capacity for civil conduct do not have testamentary capacity and cannot establish will.

3. Characteristic 3

A proxy cannot be used when establishing a will

The content of the will must be the true expression of the testator's will and should be made by the testator himself. Cannot be represented by others. If a will is written on behalf of someone else, the will must be signed by the person himself and witnessed by two or more witnesses.

4. Characteristic 4

Only in emergency situations can the oral form be used

And more than two witnesses are required to be present. After the critical situation is relieved, If the testator is able to make a will in written or recorded form, the oral will will therefore be invalid.

5. Characteristic 5

A will is an act that becomes legally effective only when the testator dies

Because a will is a will that is made in the form of a will after the death of the testator. The disposition of property ownership issues can be changed or revoked before death. Therefore, the will must be effective on the death of the testator.

If the testator is not dead in fact, but is declared dead by the people's court upon the application of the relevant interested parties under relevant legal conditions, the will will also become legally effective and the interested parties can dispose of it. The property of the party to the will.

If the testator reappears in a short period of time, the corresponding property can be returned to the testator; if the time is longer, such as more than two years and the property cannot be returned, the beneficiary should The testator's basic life is provided with assistance within the scope of his benefit, but the legal obligor is not subject to this restriction.

Baidu Encyclopedia—Will