Many people ask, must a will be impartial to be legally valid?
China's Civil Code clearly recognizes that a will does not necessarily have to be notarized to be valid.
A notarized will is also valid as long as it complies with the law. However, among the various forms of wills, notarized wills have the highest validity.
To have a valid will, you need to pay attention to these 6 points!
1. The form of self-written will.
The self-written will needs to be written, signed, and marked by the testator, and these elements are indispensable!The whole process must be written by yourself, and no one else can help write and print.
2. The testator must have full capacity for civil conduct.
The will must be the true expression of the testator's intentions, and the will made by the incapacitated person or the person with limited capacity is invalid, and the will made by coercion or deception is invalid.
If the testator suffers from cerebral infarction, Alzheimer's disease and other mental diseases, then the will is invalid.
It is recommended that the elderly over the age of 70 should go to the hospital to issue relevant materials that can prove that they have full civil capacity before making a will.
3. Only the individual's estate can be disposed of in the will.
In practice, it is not uncommon for one of the spouses to dispose of the joint property as the entire estate when making a will, which ultimately leads to the invalidity of the will.
Half of the jointly owned property should be divided into the spouse's possession, and the rest should be used as the decedent's inheritance.
4. The property must be listed clearly.
For example, the bank and account number must be clearly written for deposits, and the address and property number of real estate must be clearly written. If you only want to leave the property to your own children, and you don't want the children's spouses to inherit it jointly, you must make it clear.
5. It is best not to have smeared the content of the will.
To avoid disputes, it's best to write a new one if there's a mistake. If you really can't do it, you need to correct it if you have it, and you need to correct it yourself and press your handprint at the correction place!
6. The content of the will shall not violate the provisions of the law.
For example, if the property is inherited by my son after my death, the will will will be invalid if the other party has to divorce the daughter-in-law.
In order to avoid disputes, double insurance, it is recommended to shoot ** as evidence! !