With the development of society, the electronic printing system has replaced the pen and has become an important tool for the vast majority of people to record words and express their thoughts in their work and life. The Civil Code also adapts to the trend of the timesDetermine a printed will as a legal form of willSo how do we make a printed will?
Print the requirements for the determination of the willOn January 1, 2021, the Civil Code came into effect, and Article 1136 of the Civil Code is clearly stipulated in Article 1136 of the Civil CodePrinting a will has become a form of legal will in China, filling the legislative gap on the validity of printed wills. It can be seen from this article that the printing of a will is neither a "special form" of a self-written will, nor a scrivener's will. One thousand one hundred and thirty-six is very clear, that is, "there shall be more than two witnesses present to witness it." The testator and witnesses shall sign each page of the will, indicating the year, month and day". Printing of the will
Although the main content of a printed will is to use computer typing to write it, it cannot be just an electronic documentIt still needs to be printed as a solid. Through the expression of Article 1136, we can also make it clear that the printed will is a written document written by a printer or other equipment after the document is written using an electronic device, and it is not the point as to who printed it. The process of witnessing
In the process of making a will, the three acts of writing, printing, and signing may not be completed on the same occasion, so whether the occasion where two or more witnesses are present includes the whole process of printing the formation of the will, the current judicial interpretation does not have a clear provision, but before the implementation of the Civil Code, the case (2014) Ya Min Zhong Zi No. 392 can be used as a reference. Among them, the court found that:A prerequisite for a will to be valid is that it must be witnessed and signed by at least two witnessesAlthough the will submitted by appellant Bai Moujia to the court had the signatures of Zhao Yuxiang and Zhang Bing, based on the facts ascertained in this case, first, Zhao Yuxiang's signature was re-signed at the request of Bai Moujia after Zhao Moumou's death. Secondly, Zhao Yuxiang's act of printing the will for Zhao Moumou was not to act as a witness for him, but to print the will for Zhao Moumou as a typing and copying person of the "Sanye Printing Service Department", and Zhao Yuxiang did not recognize that he was a witness to the scrivener's will, in fact, the witness of the scrivener was only Zhang Bing, and the scrivener's will should be found to be invalid. The appellant's grounds of appeal could not be sustained. Therefore, in practice, we should be more strict about the testimony of witnesses, and it is best to witness the whole process, and record and video recordings to retain evidence.
Autographed signaturePrinting a Will requires the testator and witnesses to sign each page of the Will. In the cases I have actually handled, many business owners prefer to use seals or fingerprints in their business habits. However, it does not conform to the statutory form and can easily be found invalid. Just as in the case (2014) Er Zhong Min Zai Zhong Zi No. 06256, the court found that the validity of Ma's will. Ma's scrivener will did not contain his signature, which did not meet the legal form requirements of a scrivener's will, so this court could not confirm the validity of the scrivener's will. At the retrial, the appellant asserted that Ma was unable to hold a pen and write due to illness, so he was unable to sign the will on behalf of him. With regard to the appellant's claim, this court held that the formal requirements of a will on behalf of the decedent required by the Inheritance Law of the People's Republic of China are a necessary condition for the validity of a will on behalf of the decedent, and from the consideration of the original legislative intent, the act of signing by the decedent of a will on behalf of the decedent can reflect the expression of the decedent's agreement with the will of the decedent, and the absence of a signature and only a fingerprint cannot reflect the expression of the decedent's agreement with the will of the scrivener, so the provisions of the Inheritance Law on the formal requirements of the will cannot be broken based on the existing evidence. This determination can be applied by analogy to a printed will. The year, month, and day of the handwritingOnly a printed will with a complete form, a clear expression of intent, and a genuine signature of the testator can have the effect of a will. If there is only the testator's own signature on the will, and there is no record of the year, month and day in person, it shall be invalid or, in principle, invalid. The handwritten record of the year, month and day can not only indicate the exact time when the will was signed, but also a way to judge whether the testator has the ability to test. For example, in the case (2019) Jing 02 Min Zhong No. 2140, the court held that a will should have the statutory formal requirements, and the principle of presumption should not be applied to the lack of formal requirements for the will. Wei X 2 left a suicide note, but the suicide note did not indicate the year, month and date, so it should not be recognized as a will. In view of the fact that Wei X 2 did not leave a will, his estate should be disposed of in accordance with the principle of statutory inheritance. Therefore, although the date is a trivial matter in the eyes of many people, it is also an indispensable form element for printing a will. Do not invalidate the agreement because of a minor formal defect. Printing a will is a product of judicial convenience and the development of the times! Only by understanding the key points of its formulation and review can we better control this form of will, so that the distribution of the estate is in line with the wishes of the maker.