Recently
The concept of community property
has been accepted by the public,
People for property management
and awareness of risk prevention
is also getting stronger and stronger,
By making a will
to clarify their willingness to dispose of their property,
Become a leader in maintaining the stability of family relationships,
An important way to protect the rights and interests of the living party.
so
A will written by a husband and wife together,
What is the legal effect?
Grandpa Bao and Grandma Wei (both pseudonyms) are a Dink couple, the old couple have been together for a lifetime, and their relationship is very good, because they have no children of their own, Grandma Wei loves her brother's son Xiao Wei very much.
One day, when talking about how to deal with the house shared by the husband and wife in the future, Grandma Wei proposed that the two make a will together, designating Xiao Wei to inherit it, and Grandpa Bao agreed.
Subsequently, Grandpa Bao and Grandma Wei called their old friends Uncle Jiang and Grandma Li (both pseudonyms) to be witnesses, and Grandpa Bao wrote a will:
Grandpa Bao and Grandma Wei both signed their names and dates on the will, and Uncle Jiang and Grandma Li also signed their names and dates at the witnesses.
After signing, the husband and wife handed over the original will to Xiao Wei for safekeeping. Two years later, Grandma Wei died of illness. After another three years, Grandpa Bao sold the house.
Xiao Wei believed that Grandpa Bao's behavior violated the content of the will and infringed on his inheritance rights, so he filed a lawsuit with the court, demanding that Grandpa Bao give him half of the sale price.
Grandpa Bao thinks
Xiao Wei, as the nephew of Grandma Wei, is not the legal heir of the husband and wife, so the will made by the two should be bequestary. When the wife dies, the part of the joint will that belongs to her takes effect, and Xiao Wei, as the donee, should indicate whether to accept the effective part of the bequest within 60 days in accordance with the law, and Xiao Wei sued after three years, which has exceeded the statutory time limit, and it should be determined that he has given up accepting the bequest.
Xiao Wei explained
I considered that Grandma Wei had just passed away, and asking Grandpa Bao for a house in such a short period of time would make Grandpa Bao very sad, and Grandpa Bao was still alive and still living here, so he did not make a claim to Grandpa Bao before. However, he has always held the original will, and after Grandma Wei's death, he expressed his intention to accept the bequest to the witness Grandma Li, and he should be deemed to have accepted the bequest. Now that Grandpa Bao has sold the house, he no longer needs to live in this house, and the act of selling is against the common intention of him and Grandma Wei, so he filed a lawsuit.
After trial, the court held that the joint will of husband and wife made by Grandpa Bao and Grandma Wei was clear and specific, and the two friends of the two elders witnessed the process of making it, which was the true expression of the common intention of the two elders, and was legal and valid. Since Xiao Wei is not the legal heir of Grandpa Bao and Grandma Wei, the will is bequestary. The law does not specify to whom the expression of intent to accept or renounce the bequest must be made, and it is valid to the notary public or witnesses.
The witness Grandma Li testified in court and confirmed that Xiao Wei had expressed to Grandma Wei that he had accepted the bequest after her death, and that the reason why Xiao Wei did not directly claim rights against Grandpa Bao was also reasonable, so it should be determined that Xiao Wei had clearly accepted the part of the bequest that had taken effect, and that the share of the property belonging to Grandma Wei should belong to Xiao Wei's legal rights.
A joint will, also known as a joint will, refers to the same will made jointly by both husband and wife for the purpose of disposing of their joint property. The inheritance section of the Civil Code of the People's Republic of China does not clearly stipulate the joint will of husband and wife, but under normal circumstances, a joint will will will only take effect after the death of both testators, and if one person dies and the other person is still alive, generally only the will can be partially validated, and only the share of the property of the deceased party can be disposed of.
If you insist on choosing to make a joint will between husband and wife, the joint will should take effect after the death of one party or only take effect after the death of both parties, and whether the other party can change or revoke the will after the death of one party and the scope of change and revocation, and pay attention to the formal requirements of the will should comply with the provisions of the Civil Code of the People's Republic of China on self-written wills, written wills, printed wills, etc.
Source: Siming District Court of Xiamen City
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