Who do the witnesses of the will generally look for
A testamentary witness is a person who sets up a will for the testator and supervises the testator's disposition of his personal property. When the will is valid, the witness should confirm the authenticity and legitimacy of the will according to his own cognition. In the event of a dispute, the witness shall bear the corresponding responsibility in accordance with the law. So, who do the witnesses of the will generally go to?
First of all, the witness needs to have full capacity for civil conduct, and cannot be the legal heir, legatee, or person who has an interest in the heir or legatee. For example, if a witness has a kinship or interest relationship with his or her heirs, it may affect his or her judgment and objectivity, resulting in invalid testimony. Therefore, the selection of witnesses should ensure their independence and neutrality.
Second, the number of witnesses should be in accordance with the law. According to the provisions of the Civil Code of the People's Republic of China, there shall be two or more witnesses present to write a will, print, audio or video recording. Therefore, when choosing witnesses, you should choose at least two eligible people as witnesses to ensure the legitimacy and validity of the will.
In addition, the witness should also have certain cultural knowledge and legal knowledge, and be able to understand and judge the content and legal validity of the will. If the witness does not have the appropriate knowledge and ability, it may lead to the invalidity of the witness or other disputes.
To sum up, choosing the right witnesses is an important part of ensuring the legitimacy and validity of the will. When selecting witnesses, attention should be paid to the requirements of their identity, ability, and number to ensure that they meet the requirements established by law. At the same time, the testator and the witnesses should also fully communicate and negotiate to clarify their respective rights and obligations to ensure the smooth implementation of the will and the prevention and handling of disputes.