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Civil Code
Article 1133:Natural persons may dispose of personal property in accordance with the provisions of this Law by making a will, and may appoint an executor.
A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.
Natural persons may make a will to donate personal property to organizations or individuals other than the State, collectives or legal heirs.
A natural person may establish a testamentary trust in accordance with law.
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Article 1134 A self-written will shall be written by the testator himself, signed, and indicating the year, month and day.
All content is written by the testator himself.
The testator is required to sign each page of the will. Can not sign pen names, stage names. Do not stamp or press your fingerprint.
The testator indicates the year, month and day, and the three elements of the year, month and day must be complete, and one is indispensable.
Alterations, additions or deletions shall be confirmed by signature and indicated with the year, month and day. If it is altered or added or deleted without signature confirmation and indicating the year, month and day, the entire will is invalid.
The suicide note involves the disposition of an individual's property after death, and is indeed an expression of true intention, and if it is written in person and indicates the year, month and day, it can be regarded as a self-written will.
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Article 1135 A testament by proxy shall be witnessed by two or more witnesses present, one of whom shall bear witness on behalf of the will, and shall be signed by the testator, the proxy and other witnesses, indicating the year, month and day.
The surrogate writer writes by hand, not typing.
There are three types of people involved: testators, proxies, and witnesses.
The scribe is both a writer and a witness.
The total number of nominees and witnesses is more than 2.
Testamentary statement, letter written by the person, witness witness to time and space consistency (same time, unified place).
The testator, the proxy, and the witness are required to sign and indicate the year, month, and day on each page of the will.
<h1 class="pgc-h-arrow-right" data-track="107" >4. Print a will</h1>
Article 1136:The printing of a will shall be witnessed by two or more witnesses present. The testator and the witness shall sign each page of the will, indicating the year, month and day.
Computer-generating and printing without the need for the testator must be done by the testator himself
More than two witnesses witnessed the entire production and printing process.
Can a self-written will be printed? Handwritten and then printed, if there is no witness, printing a will is invalid.
The testator and witness sign each page of the will and indicate the year, month and day.
<h1 class="pgc-h-arrow-right" data-track="108" >5. Audio and video wills</h1>
Article 1137:A will made in the form of audio or video recordings shall be witnessed by two or more witnesses present. The testator and the witness shall record their names or likenesses, as well as the year, month, and day, in the audio or video recording.
Record in a one-shot way, the process of making a will can not be suspended, the process of making a will is filmed at one time to ensure the integrity of the presentation information;
Clearly recognizable.
Witnessed by more than two witnesses.
The testator and witness shall record their names or likenesses and the year, month and day in the audio or video recording, and may not only record the description on the will carrier or the carrier sealed materials.
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Article 1138 The testator may make an oral will in a critical situation. The oral will should be witnessed by two or more witnesses. After the critical situation has been eliminated, if the testator is able to make a will in writing or audio or video recording, the oral will made shall be invalid.
Applicable conditions: Testator in a crisis situation (e.g. critical illness)
Oral wills should be distinguished from general daily chats, conversations.
It is not required to indicate the date of the will.
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Article 1139 A notarized will shall be handled by the testator through a notary public.
Is a notarized will necessary? From the point of view that a notary is equivalent to a witness, if the will has other witnesses, there is no need to notarize the will.
Article 1142 The testator may withdraw or change the will he or she has made.
After the will is made, if the testator commits a civil juristic act contrary to the content of the will, it shall be deemed to be a withdrawal of the relevant contents of the will.
There are several wills, and if the contents are contradictory, the last will and testament shall prevail.
There are several wills, and if the contents are contradictory, the last will and testament shall prevail. From this point of view, a will does not have to be notarized. Notarized or notarized, as long as the validity of the will is guaranteed.
Of course, go to the market supervision department to register the change of equity, if the will is required to be notarized, then the notarized will is a must.
Is the WeChat will valid? Invalid, non-statutory, not legally effective.
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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