Recently, several friends have asked me some questions about their wills. Another friend read the report about "an only child may not be able to inherit the entire inheritance of his parents", and was worried, she gave birth to a daughter and wanted to give the child more guarantees. She asked me how to write this will, so as to ensure that the inheritance is all left to the children in the future and will not be divided. Today, I will answer them all
1. Which will is more authoritative?
There are five forms of wills, which are:
A notarized will.
b. Self-written will.
c Scrivener Will.
dRecorded Will.
e Oral Will.
Among them, a notarized will has the highest validity.
However, the self-written will is the will written by you, and the operation is the most convenient.
C, D, and E must have more than two witnesses when making a will, and these two persons cannot be heirs or have an interest in the heirs.
According to China's "Inheritance Law", if a person has made multiple wills during his lifetime, including a will notarized by a notary public, then the notarized will shall prevail. A notarized will has legal force and takes precedence over other wills. Therefore, even if the contents of the later will are different, the notarized will should prevail.
If it is all self-written wills, you can modify them according to your needs, whichever is the last one. Remember that every self-written will must be signed and timed.
2. To leave an inheritance to your children, a sentence that must be written in the will?
Writing this sentence in your will can save you a lot of trouble:"After my death, all my property will belong to my daughter (or son) xx alone, and no other person shall participate in the inheritance and shall not be the joint property of the husband and wife.
If you do not write such a clause, according to the provisions of the Civil Code of our country, the property inherited by the children after marriage belongs to the joint property of the husband and wife. With the above sentence, your estate belongs to the personal property of your daughter (or son), not the joint property of the husband and wife, and there is no need to divide it in the divorce.
There is also no need to worry that your estate will be divided among other relatives and friends after your death. Protects your child's right to full inheritance.