1. The rural elderly who can't write can make a will in the following ways, which has the same legal effect according to the procedures prescribed by law:
1, in the form of notarized will.
Although the notarized will also requires the signature of the elderly, the second and third items of Article 18 of the Rules for Notarization of Wills in China stipulate that:
(1). If the testator can't sign or has difficulty in signing, he can use the seal instead of the signature on the application, transcript and will; If the testator can neither sign nor seal, the signature or seal shall be replaced by a handprint.
(2) In case of any of the circumstances specified in the preceding paragraph, the notary shall indicate it in the record. If the signature or seal is replaced by a handprint, the notary shall extract all the handprints of the testator and file them. That is, if the elderly can't sign, they can use fingerprints instead of writing, but the notary should extract all the fingerprints of the testator and file them.
2. Take the form of recording wills.
The recorded will refers to the will made by the testator in the form of recording. In order to prevent the recorded will from being tampered with or recording false wills, a will established in the form of records shall be witnessed by more than two witnesses. The way of witnessing can be written or recorded. After the recorded will is made, it shall be stamped on the spot and signed by the witness, indicating the year, month and day.
A recorded will does not require the signature of the testator, but it is controversial. Some people think that when a recorded will is stamped, it must also be signed by the testator. With regard to the recorded will, the testator is not required to sign when stamping.
3. When the elderly are in danger, they can also take the form of oral will.
A testator may make an oral will in an emergency, and the oral will shall be witnessed by more than two witnesses. After the emergency is lifted, if the testator can make a will in written or recorded form, the oral will made is invalid. On the premise of making an oral will, the oral will does not need the signature of the old man.
To sum up, parties who can't write or have difficulty in writing can also complete their wills by their own will. According to relevant laws and regulations, wills can be made not only in written form, but also by notarization, recording or oral wills in an emergency. Among them, notarized will is the most formal and perfect way to make a will. In order to avoid unnecessary inheritance disputes, it can be adopted first.
Two, the establishment of oral will must meet the following conditions:
1. The testator has not concluded any other form of will or bequest agreement;
2. The testator is in a crisis situation and cannot make a will in other ways;
3. Need more than two witnesses to witness.
If the oral will meets the above conditions, it shall be deemed as valid, and the distribution of the estate shall naturally be carried out in accordance with the will. It should be noted that when the testator's crisis is lifted, the oral will will automatically become invalid.
Legal basis: Article 135 of the Civil Code.
A will written on behalf of others shall be witnessed by two or more witnesses, one of whom shall be written on behalf of others, and shall be signed by the testator, agent and other witnesses, indicating the year, month and day.