A will is a continuation of the family story and the final confession of love.Making a will, in many families, may not mention this matter at all, but,Wills are sometimes directly related to the future harmony and tranquility of the family。Not making a will may lead to misunderstandings and conflicts between heirs, and may even lead to legal disputes, making the originally warm family atmosphere tense and alienating.
So,Making a will is not only a respect for one's own property, but also a care for the feelings of one's family。It ensures that our wishes are accurately communicated, that unnecessary disputes are avoided, that love and responsibility are passed on in the family, and that we can make a final affectionate confession to our loved ones.
So, how can you make a will that meets the legal requirements?
The testator must have full capacity for civil conduct, which means that the testator must be of sound mind and able to express his or her wishes clearly.
The content of the will cannot relate to the property of the state, the collective, or others, which is the red line of the law.
The witnesses to the will cannot be heirs or persons with an interest in the heirsso as not to affect the fairness of the will.
1. Self-written will:
A self-written will is the most direct and personal form of will. The testator needsWrite the full contents of your will yourselfand signed and dated at the end. This form of will does not require witnesses, but to ensure its validity,It is advisable to have a ** record of the writing process, or at least the presence of a reliable witness. The self-written will should clearly express the testator's wishes and avoid vague expressions to avoid disputes in the future.
2. Scrivener will:
When the testator is unable to write in person due to health or other reasons, he can entrust someone else to write on his behalf. Scrivener will requiredAt least two witnesses were present, among othersA Witness is in charge of scrivening。The testator, scrivener and all witnessesThe Will must be signed and dated。This form of will requires the witness to have full civil capacity and has no interest in the content of the will.
3. Print the will
Printed will is a form of will newly stipulated in the Civil Code. TestatorThe contents of the will can be entered on an electronic device, or the dictation can be entered by one of the witnesses。Printing a will is also requiredAt least two witnesses are present, and the witnesses and testators should sign and date each page of the printed Will. It should be noted thatWitnesses are involved in the process of making a willIt cannot be entered and printed out by the testator in advance, and only the witnesses can witness the final signing process.
4. Audio and video wills:
In exceptional cases,If the testator is unable to write, he can choose to make a will in the form of audio or video recording. This form requires the testatorIn the presence of two or more witnesses, the contents of the will are dictated。Audio or video recordingsThe testator's name, likeness, and date should be recorded. During the production of audio and video wills, the sound should be clear, the content should be complete, and ambiguity should be avoided.
5. Oral will:
Oral wills are usually used when the testator is in a critical situation, such as a serious illness or an accident. The same goes for this form of willThe presence of two or more witnesses is required. Once the critical situation is relieved, the testator has the ability to make a will in writing or in the form of an audio or video recording, and the oral will will become invalid. Oral wills are less valid, so it is advisable to convert them into writing as soon as possible.
6. Notarized will:
A notarized will is a will handled by a notary public and has a high legal effect. The testator needs to go to the notary public in person, and the notary will handle it in accordance with the legal procedures. During the process of making a notarized will, the notary will ensure the authenticity and legitimacy of the content of the will, and at the same time issue a formal notarial certificate of will. This form of will usually has priority in legal disputes.
The act of making a will may seem simple, but the slightest carelessness may affect the legal validity of the will. Therefore, we suggest that the testator should try to find a professional lawyer for consultation before making a will, sort out the problems that need to be avoided in the process of making a will, and provide personalized will planning suggestions to ensure that the testator's wishes are respected and implemented.
If you have any questions, please feel free to communicate!