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Qualifications and competencies required
1. The witness shall have full capacity for civil conduct
2. Good physical health (In the event of future heirs inheriting, a witness may be required to appear in court to prove that the will is the true expression of the testator's will.) ）
Neutrality requirements:
Civil Code
Article 1140 The following persons may not be witnesses to a will:
(1) Persons without capacity for civil conduct, persons with limited capacity for civil conduct, and other persons without the capacity to witness;
(2) Heirs or bequeathed persons;
(3) Persons with an interest in the heirs or bequeathed persons.
The fact that there is no interest now does not mean that there will be no interest in the future, that is to say, it is possible that no interest may also be transformed into an interest.
Although there is no interest in witnessing the will only, if in the future because of the inheritance dispute, the witness becomes a person with an interest, then it is doubtful whether the witness at this time can truthfully reflect the objective situation of the testator at the time of making the will.
Third parties with no interest at all: lawyers witnessing village committees, neighborhood committees, streets, government departments, notary offices, law firms.
The neutrality of the witness is essential to the validity of the will.
When a self-written will is written, all present are the beneficiaries of the will, and usually does not affect the validity of the self-written will.
The process of making a will that requires witness witness, in which the beneficiary of the will or its interested persons are also present, is not always invalid.
Professionalism requirements
Matters requiring witness review:
Examination of the testator's identity information (whether the testator and the signatory are the same person)
Testator's ability review (testator's mental state)
Review of the testator's will-making process (witnesses present at all times)
Examination of the authenticity of the testator's signature (whether the testator's signature was written by himself or on his behalf)
Legality review of the form and content of the will
Privacy requirements
Witnesses are under an obligation of confidentiality
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Article 1145 After the inheritance begins, the executor of the will shall be the administrator of the estate; if there is no executor of the will, the heirs shall promptly select the administrator of the estate; if the heirs are not elected, the heirs shall jointly serve as the administrator of the estate; if there are no heirs or the heirs have abandoned the inheritance, the civil affairs department or the villagers' committee of the place of residence before the deceased's life shall serve as the administrator of the estate.
Article 1146 of the Civil Code Where there is a dispute over the determination of the administrator of the estate, the interested party may apply to the people's court for the appointment of the administrator of the estate.
There are orderly requirements for the determination of the estate administrator.
Executor: The heir made a will before his or her death, and the executor is appointed in the will
As long as it involves inheritance, whether it is legal inheritance or testamentary inheritance, it will definitely involve the administrator of the estate and is indispensable.
1
Why the estate administrator system was established
The amount and value of wealth increases
Diversification of wealth types
Safeguard the safety of your estate
Protect the interests of heirs and creditors
2
Duties of the Estate Administrator
Clean up the estate and make a list of the estate – avoid missing the estate
Report the estate to the heirs – to avoid omissions from the heirs
Take the necessary measures to prevent the destruction of the heritage – to avoid the transfer and concealment of property
Handling the creditor's rights and debts of the heirs - safeguarding the legitimate rights and interests of the heirs
Divide the estate according to the will or in accordance with the law - status neutrality, reduce heir disputes
Carry out other necessary actions related to estate administration – such as will keeping and keeping up with the estate
Part of this article refers to "The Use of Wills in the Inheritance of Wealth", Hengxin Law School, Park Chung-chul
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