Is the unilateral bequest of the husband and wife valid?
Whether one of the spouses makes a separate will to bequeath his or her own property is valid mainly depends on whether the will meets the statutory requirements.
First of all, the will must comply with the provisions of the law, that is, the testator must have full civil capacity, and the content of the will must be the true expression of the testator's intentions, and must not violate the mandatory provisions of laws and administrative regulations. In addition, the will must also be in a statutory form, such as a self-written will, an audio or video will, an oral will, a written will or a notarized will.
Secondly, on the premise of complying with the law, the will must also meet the following requirements to be legally valid:
1.The testator must have the right to dispose of the property. If the testator disposes of property owned by another person, that part of the will is invalid.
2.The will should reserve the necessary share of the estate for the heirs who lack the ability to work and do not have a living. This is to ensure the basic living needs of the heirs and avoid the situation that the heirs will have difficulties in living because they cannot share enough inheritance.
3.The will shall promptly notify the heirs or legatees and shall be deemed to have accepted the inheritance or bequest if the heirs or legatees have not expressed their renunciation of the inheritance or bequest.
4.The execution of the will shall commence after the death of the testator. If the testator is not dead, the will is not legally valid.
Returning to the question itself, if one of the spouses has made a valid will during the marriage and bequeathed his or her property, the validity of the act depends on whether the will meets the statutory requirements. The will is valid if it complies with the provisions of the law and the above elements;Otherwise, the action is invalid.
It is important to note that in a marital relationship, a will made by one party does not affect the property rights and interests of the other party. If both spouses have property and one of the spouses disposes of his or her share of the property in his will, the share shall be inherited or bequeathed by the heir or legatee in accordance with the law. At the same time, if the will made by one of the spouses violates the mandatory provisions of laws and administrative regulations or infringes upon the legitimate rights and interests of the other party, the will is invalid.
In short, the validity of the unilateral bequest of the husband and wife depends on whether the will meets the statutory requirements. When making a will, it is advisable to consult a professional lawyer or notary public to ensure the legitimacy and validity of the will.