The testator applies to the notary office for making a will, or to the Chinese Testament Library for making a will, expecting direct evidence to prove that he is sober, mentally sound and capable of making a will. It is his real wish to solve the distribution of assets in his will, and he expects his property to be solved according to his own wishes.
1, Notarized Testament When the testator goes to the notary office to make a will, the staff of the notary office will study the spiritual substance of the person who opposes the will, whether the will is his own true will, and whether the assets resolved are property, and verify and record the whole process of opposing the will to ensure the authenticity and credibility of the will. The third paragraph of Article 20 of the Inheritance Law requires: "A will written by oneself, a will written on behalf of others, a recorded will and an oral will are irrevocable.
Alter a notarized will. Article 42 of Judicial Interpretation of Inheritance Law requires that "the testator has made several mutually exclusive wills in different ways, and if there is a notarized will, the last notarized will shall prevail".
It is not difficult to see that the legal effect of notarized wills has priority among the five wills. After the implementation of the Civil Code, the legal effect of a notarized will is the same as that of a written will, a written will, a recorded will and an oral will.
2. Chinese Testament Library The Chinese Testament Library is a public welfare activity jointly organized by China Aging Work Development Trend Charity Foundation and Beijing Sunshine Health Charity Foundation, and undertaken by Beijing Federation of Trade Unions Information Management Association.
The Chinese Testament Library uses professional mobile phone software for the registration process, and strictly keeps the will by means of fingerprint scanner, live image, scanning, document filing and sealing, and can send additional lawyers to witness it when necessary to ensure the authenticity and validity of the will. After the will is filed, the testator can make changes and upgrades according to his own wishes.
The advantage of notarized will and Chinese will is that there is corresponding direct evidence to prove that the content of the current will is the true will of the testator. However, notarized wills may be revoked or changed; The will of the Chinese Testament Library may not be the last will either. These two kinds of wills help to reduce the cases of will disputes, but they can't avoid them.
4. The testator has several mutually exclusive wills, or the old man sells or donates his assets before his death after making a will, and the assets solved in the will have long since disappeared. This change is likely to cause inheritance disputes.
5. Before making a will, a well-known lawyer or professional must make clear the assets before making a will, the true will of the whole process of making a will, the immediate changes after making a will, and the protection and execution of the property after the will takes effect, so as to ensure that the property is given to the desired person according to the will. Article 20 of the Inheritance Law of People's Republic of China (PRC), the testator may revoke or change the original will.
If there are several wills with mutually exclusive contents, the last will shall prevail. A will written by oneself, on behalf of others, recorded or oral, irrevocable and notarized.
The testator has made several mutually exclusive wills in different ways, and if there is a notarized will, the final notarized will shall prevail; If there is no notarized will, the final will shall prevail.