A self-made will is written and signed by the testator, indicating the year, month and day. From this provision, we can read a book, and writing a will by oneself includes at least three elements: first, the testator wrote it himself. Some wills are printed and signed by the testator. According to the law, such wills are not written by themselves, but written on behalf of the testator. A will written by an agent needs more than two witnesses to be valid. Second, the testator autographs. The signature here should indicate your real name, write your full name, and not simply write your personality or name. Whether fingerprints can be regarded as signatures is controversial. This paper holds that handprints are not regarded as signatures unless the testator can't and can't write his own name by hand. Third, mark the year, month and day. Making a will is a civil legal act, and the testator should have civil capacity. Marking the year, month and day when making a will can judge whether the parties have civil capacity.
A will written on behalf of others shall be witnessed by two or more witnesses, and written by one of them, indicating the year, month and day, and signed by the agent, other witnesses and the testator. There are their own requirements for witnesses to write wills, and the following persons cannot be witnesses of wills: 1, persons without civil capacity or persons with limited capacity; 2. Heirs and legatees; 3. People who have interests with the heirs and legatees.
Recorded will refers to the oral will recorded by the testator by recording. A recorded will shall have more than two witnesses present. The requirements for witnesses are the same as those for wills. The recorded will shall meet the following requirements: 1. The testator shall personally describe all the contents of the will. 2. More than two witnesses, who record their own witness certificates on the carrier of recording wills. After recording the will, the testator shall affix a seal on the carrier recording the will, which shall be jointly signed by the witnesses and marked with the year, month and day.
Oral will refers to the will expressed orally by the testator and not recorded in any way. Because oral wills only rely on the testimony of witnesses, there is a great possibility of disputes. Therefore, on the one hand, the law generally allows the conclusion of oral wills, on the other hand, it limits the scope of oral wills. According to the law of our country, 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 lifted, if the testator can make a will in written or recorded form, the oral will made is invalid. Critical situation generally refers to the situation that the testator is dying, in a war or sudden disaster, and his life is in danger at any time, and he can't make other forms of wills without time or conditions. Many people know that there is an oral will, but they don't know the effect of this form. Finally, although there is an oral will, it is invalid because it is not in an emergency or other forms of will are not made in time after an emergency.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 133 A natural person may make a will and dispose of his personal property in accordance with the provisions of this Law, and may designate an executor. A natural person may make a will to designate personal property to be inherited by one or more legal heirs. A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir. A natural person may establish a testamentary trust according to law.
Article 134 A self-made will shall be signed by the testator and marked with the year, month and day.
Article 135 A will written by an agent shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, agent and other witnesses, and shall be signed by the testator, agent and other witnesses, indicating the year, month and day.
Article 137 If a will is made in the form of audio and video recording, two or more witnesses shall be present to witness it. 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.