The will obtained has no legal effect, and it is because of these 4 points

In the cases I have received, there are many brothers who have fought for the inheritance, and many people have made the family jump in the air in order to compete for the inheritance.

Many times, even if the old man has a will before he dies, but if it becomes an invalid will for various reasons, then there will be a situation where the heirs cannot negotiate the inheritance issue and disputes occur, which makes the originally harmonious family fragmented.

Today we will talk about how the will should be written.

First, we need to know what a will is:

Making a will refers to the disposition of one's own personal property in advance in accordance with the law before the natural life. And the force of the will takes precedence over the legal succession.

If the heir has a legally valid will before his death, then the property can be distributed according to the contents of the will first.

Compared with statutory inheritance, testamentary inheritance has a greater degree of freedom and flexibility in terms of distribution objects, methods, shares, conditions, etc., which fully reflects the respect for the autonomy of natural persons and the protection of private property rights.

Second, what are the conditions required to make a will?

For a will to be valid, these 4 conditions need to be met to make a will:

1. The person making the will must be a civil subject and a person with full capacity for civil conduct. A will made by a person without capacity for civil conduct or a person with limited capacity for civil conduct is invalid;

2. The content of the will must be the true intention of the testator, if the testator is a will made by fraud, coercion, etc., the will is invalid, and the forged will and the tampered will are invalid.

3. A will can only distribute the testator's legally valid personal property, and if the will distributes the property of the state, the collective, or others, then the part is invalid.

4. The will needs to retain the necessary share of the inheritance for heirs who lack the ability to work and have no means of subsistence. If no share of the estate is reserved for such heirs, then, in dealing with the estate, the necessary inheritance shall be left for the heir, and the remaining inheritance may be treated with reference to the distribution principle determined by the will.

3. What are the forms of wills?

In order to ensure the true expression of the testator, the law imposes stricter requirements on the will, and only those who make a will according to the type prescribed by law and meet the corresponding requirements are valid wills.

1. Self-written will. The self-written will must be written by the testator himself, signed, and indicated the year, month and day;

2. Write a will on behalf of the will. The testament shall be witnessed by two or more witnesses present, one of whom shall bear witness, and shall be signed by the testator, the proxy, and the other witnesses, and shall also indicate the year, month and day.

A witness is a third person who proves the authenticity of a will. The witness needs to meet certain conditions: to have the ability to witness the authenticity of the will; to be neutral, that is, there is no interest in the content of the will.

3. Print the will. Refers to the content of the will printed by machines and equipment. The printed will should be witnessed by more than two witnesses, and the testator and witness should sign each page of the will, indicating the year, month and day.

4. Recording of wills. A will made in the form of an audio or video recording shall be witnessed by two or more witnesses present. The testator and the witness shall record their names or likenesses in the audio or video recordings, and also indicate the year, month and day.

5. Oral will. Refers to the testator's oral expression of his or her distribution of the estate. The testator may make an oral will in a critical situation. The oral will should be witnessed by two or more witnesses.

If, after the critical situation has been lifted, the testator is able to make a will in writing or audio or video recording, the oral will made shall be invalid.

6. Just will. Refers to a will that the testator has been processed by a notary public. Notarized wills must be handled by the will himself, and may not be entrusted to others to handle notarization.

4. If multiple wills are made successively, which one should prevail?

The Civil Code stipulates that after making a will, the testator may withdraw or change the will he or she has made. After making a will, if the testator carries out a civil juristic act contrary to the content of the will, it may be regarded as a withdrawal of the relevant contents of the will. If there are multiple wills, if the contents are contradictory, the last will and testament shall prevail.

That is, if the testator makes several wills with contradictory contents, the time of making the will is used as the criterion for determining the validity of the will, regardless of the form of the will, the last will made by the testator has the effect of priority application.