In practice, because the scrivener will is not handwritten, its content can easily go against the original intention of the testator, and may also be altered or forged. So what are the valid conditions for scrivener will?
Netizen consultation:
What are the conditions for a scrivener to be valid
Lawyer answers:
The conditions for the validity of a scrivener will are as follows:
1. Meet the general requirements of the will, that is, the testator is a person with full civil capacity, and the person with limited capacity and no civil capacity cannot make a will, the testator's thoughts are true, and the property disposed of by the will is the legal property of the testator.
2. There shall be two or more witnesses present to witness and have no interest in the heirs;
3. One of the witnesses shall write on behalf of the witness, and indicate the year, month, and day
4. Signature of the scrivener, other witnesses and testator.
Lawyer adds:
What are the contents of a will?
1. The name, age, gender, etc. of the testator;
2. The testator's family situation;
3. The reason for making a will;
4. The status of the property disposed of by the will (name, quantity, location, whether it is co-owned, mortgaged, etc.);
5. The type, name, quantity and location of the property to be disposed of;
6. Name, gender, age, etc. of the beneficiary of the will
7. Opinions on the handling of property and other affairs;
8. The number of copies of the will, the reservation and whether there is an executor to execute it, etcIf there is an executor, the name, gender, age, address, etc. of the executor shall be clearly stated;
9. The date on which the will was made and the signature of the testator.
In judicial practice, if you consider letting someone else's will, it is best to let a professional lawyer make a will, but it does not mean that the lawyer's will must be valid, because the person has no obligation to investigate whether the property involved in the will is the testator's personal property, and if it is not a will, it will be invalid.
[Laws and Regulations].
Article 1135 of the Civil Code.
A will written on behalf of the testator shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, the scrivener and other witnesses, and shall be signed, indicating the year, month and day.
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