First, it is unlucky to make a will.
Many people think it is unlucky to arrange things after death before death. Isn't it a curse to make a will while people are still alive? Many elderly people often think of making a will only when they are seriously ill, but making a will requires some legal conditions. If there are spiritual ups and downs, and you can't write a will or sign it in person, it will take some twists and turns, and the effectiveness of the will will be discounted, which may also lead to disputes between children. Make a will while you are awake, so as to increase the legal effect.
Second, when making a will, you can ask your family to testify.
Some old people think that making a will is a housework and will find relatives and close friends to testify. However, according to the law, the proxy will is valid only if two or more unrelated witnesses are present. "Uninterested person" means that he cannot be one of the heirs or decedents, nor can he have relations with both parties such as debts, relatives and employment.
Third, there is legal succession anyway, and it doesn't matter whether you make a will or not.
Many people think that "inheritance" is governed by the Marriage Law and the Inheritance Law, that is, if you don't make a will or the old man doesn't make a will, there will be no chaos when inheriting, and it will be done according to the law. So, it makes no difference whether there is a will or not.
Testamentary succession takes precedence over statutory succession, which enables citizens to arrange their inheritance according to their own wishes and is no longer restricted by relevant laws and regulations. If a citizen has a will before his death and the will is valid, he shall dispose of his estate according to the will; When there is no will or the will is invalid, the inheritance can be distributed according to legal inheritance. The elderly can distribute their property to one or more legal heirs according to their own wishes and decide their share of the estate. Of course, the elderly also have the right to decide to give part or all of their inheritance to others other than the legal heirs. When the elderly exercise the above rights, they do not need the consent of others, and their relatives, including children, may not interfere. In this case, whether there is a will or not is very different.
Fourth, as long as it is the blood of the elderly, you can get some property.
Xiao Liang's mother said that when she divorced, the child was awarded to the man. Xiao Liang's father travels a lot, so Xiao Liang basically lives with his grandparents. Last year, Xiao Liang's grandfather died, but Xiao Liang, the eldest grandson, didn't get any property. To this, Xiao Liang's mother is very puzzled. She thinks this is bullying by Xiao Liang's uncles.
According to the provisions of the inheritance law, the inheritance is in the following order: the first order is spouse, children and parents; The second order is brothers and sisters, grandparents and grandparents. In other words, the third generation is not among the legal heirs. Therefore, when the child's father is alive, the grandson can't directly share the legacy left by his grandfather.
As long as you make a will, everything will be fine.
According to people's general understanding, as long as a will is made, the funeral has been arranged. It's not that simple. Having a will does not mean that the will of the testator can be fully realized. If the following situations occur, there will be trouble in inheriting the inheritance.
1, testamentary succession can proceed smoothly, provided that the will made must be legal and valid. If the will is finally deemed invalid, it is obviously impossible to inherit the will.
2. The will is unclear about property and property clues. For example, the testator only states how much property he has in his will, but it is very difficult to realize such a will in what form they exist and where the property is. For example, I only said how much money I have in my will, and I don't know which bank the money is in and where the deposit slip is. It is conceivable how difficult it is for future generations to "treasure hunt". If you can't find the corresponding documents, these properties are tantamount to "loss".
3, the will is not preserved properly, which means it is not established. In practice, some people put away their wills, while others don't know about it. Imagine if the testator died suddenly, then no one knew that he had made a will. If you don't find a will, then such a will is equal to nothing.
Being the heir specified in the will does not mean that you will get the inheritance. According to the laws of our country, heirs lose their right of inheritance under the following circumstances. Specifically: intentionally killing the decedent; Killing other heirs in order to compete for inheritance; Abandoning the decedent or seriously abusing the decedent; Forging, tampering with or destroying a will, if the circumstances are serious.
Making a will is not your own business, it must be accepted by your children.
Many old people are afraid that the "unfair distribution" of inheritance will cause conflicts between their children. I'm afraid it's no use making a will if the children don't accept the will plan. Will is the behavior of the testator to dispose of his personal property. As long as the will is the expression of his true meaning and the content is legal and valid, the will is valid. It is not necessary to obtain the consent of the heir to make a will, and whether the will will come into effect has nothing to do with whether the heir accepts the contents of the will.
Seven, children are not together, can't make a will.
Children don't need to be present to make a will, and they don't need to tell in advance. But at the time of inheritance, all heirs must be present. Of course, at this time, if some heirs cannot be present in person due to various factors, they can also entrust others. For example, issue a power of attorney and entrust someone to handle inheritance matters on his behalf. Of course, this kind of power of attorney is best notarized.
Eight, try not to use * * * casually.
Wang He and Qian are husband and wife and have a son and a daughter. Wang and Qian bought a building during their marriage. Wang wrote a will signed by Wang and Qian, indicating that the left house was inherited by his grandson Xiao Wang. After the husband and wife died one after another, Xiao Wang took his father and aunt to court with the above will, demanding that the house left by Wang and Qian be owned by himself.
My aunt has no objection to the handwriting of the will and the signature of the testator, but she thinks that money only signs the will and does not participate in the writing of the will. Therefore, the form of the will is not a will written by Qian himself, nor does it meet the formal requirements of the will. In this regard, Xiao Wang also provided a video. The video shows that Grandpa Wang read a written material, and the content is consistent with the above will. Grandma Qian nodded while listening. After Wang read it, the two signed the written materials. Combined with the above will and video materials, the court finally decided to support Xiao Wang's claim. If Xiao Wang doesn't have video and other evidence, it will be difficult to fully confirm the true meaning of Grandma Qian's will.
* * * There are three kinds of identical wills: the first kind is simple * * * identical wills, that is, the contents of several wills are completely independent and only recorded on one will carrier; The second category, mutual wills, testators bequeath to each other or designate each other as their heirs; The third category involves * * * and will, which are conditional on each other's will. The latter two wills have the nature of agreement, similar to contracts. Except for the first category, there are actually several independent wills, and the other two are restricted in use according to the laws of China. The reason why the use of * * * is restricted is that the existence of * * * will makes it difficult to determine the validity of the will and limits the will freedom of the testator. In order to avoid unnecessary trouble, it is suggested not to use * * * as much as possible.
In foreign countries, it is very common to make a will, and many people have their own lawyers in charge. However, due to the different ideas of China people, many people will do this. What we see more is the news that the property inheritance dispute has gone to court. In fact, many disputes can be completely avoided. If we can handle this matter better, we can better avoid the phenomenon of children turning against each other.
(The above answers were published on 20 16-04-22. Please refer to the actual situation for the current purchase policy. )
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