The witness of the will should be an adult with full civil capacity, and the witness of the will should be a person who has no interest in the inheritance.

As a will witness, you must meet the following conditions:

(1) The will witness should be an adult with full civil capacity

At least 10 years old Citizens who are 18 years old are adults. Have full capacity for civil conduct and can independently carry out civil activities. They are persons with full capacity for civil conduct. Citizens who are 16 years of age or older but less than 18 years of age, with their own labor income as their main source of livelihood, are legally regarded as persons with full capacity for civil conduct. Can serve as a witness to the remains. However, persons with limited legal capacity and persons without legal capacity cannot serve as witnesses of the will.

(2) The witness of the will should be a person who can understand the content of the will and understand all the words of the will

Although some people have full civil capacity, they do not engage in will witnessing activities ability. For example, the illiterate cannot accurately know the text and content of the will due to illiteracy; the blind cannot see the content of the will; the deaf and mute cannot hear the expression of the will, etc. None of these people can become witnesses of the will.

(3) The witness of the will should be a person who has no interest in the estate

A person who has an interest in the estate refers to a person who can directly or indirectly through inheritance and inheritance People who get benefits. In other words, the scope of heirs and inheritance distribution involved in the will have a direct or indirect interest in them.

Heirs (including testamentary heirs and legal heirs) and legatees are the direct recipients of the testator's estate. Heirs and legatees' spouses, parents, children and brothers and sisters, they and the heirs and legatees People have legal kinship relationships and can also benefit from inheritance indirectly. The above-mentioned people have an interest in testamentary inheritance or legacy. As witnesses of the will, these people may lose the true and fair meaning of the witness, and their own interests cannot be excluded. It is easy to engage in will witnessing activities, even seek personal gain, commit perjury, and engage in activities that go against the testator’s true wishes. Therefore, a witness to the will must be a person who has no interest in the estate.

Citizens who meet the above three conditions at the same time may serve as will witnesses to witness the will made by the testator.

Does a self-written will require witnesses?

A self-written will does not require witnesses. A self-written will is a legal act in which the testator makes personal dispositions of his estate or other affairs in the manner prescribed by law within the scope permitted by law during his lifetime, and becomes effective when the testator dies. There is no requirement that a witness be required for a self-written will, but the testator must write all the contents of the will in his own hand and sign it, indicating the year, month and day. A self-written will is a special form of will.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

Legal basis: Article 1135 of the Civil Code

A written will must be witnessed by two or more witnesses, and one of them must write on behalf of the will. Signed by the testator, scrivener and other witnesses, indicating the year, month and day.

Article 1137 of the Civil Code

A will made in the form of audio and video recording shall be witnessed by more than two witnesses. The testator and witnesses shall record their names or portraits, as well as the year, month and day in the audio and video recording.