First, the lawyer witnessed the will procedure.
(1) Having a will:
1. Sign an agreement with the client, sign an agreement with the testator and leave copies of the identity certificate and property certificate of the client and the testator;
2. Review the will submitted by the client;
3. Make investigation records for the client;
4. Go to see the testator and make a record for him (the content is to know whether the will is true or not, etc. );
5. Take notes for the book representative and witnesses;
6, back to the unit as a witness, in triplicate, one for the client, a law firm for the record.
(two) there is no will, and it is necessary to entrust him to witness the process of making a will:
1. Sign an agreement with the customer;
2. Sign an agreement with the testator, and leave a copy of the identity certificate and property certificate of the client and the testator;
3, review the identity of agents and witnesses (neighbors, neighborhood committees, street offices);
4. Take notes for the testator;
5. Return the certificate in triplicate to the law firm, one for the client and two for the record of the law firm.
Two, the lawyer witnessed the matters needing attention in the will
1, client's entrustment procedures;
2. The process of the client's self-writing will (proxy will) or the original will;
3. If the client provides the original will, the lawyer shall make an investigation record for the client and the testator (the investigation is whether the will submitted by the client to the lawyer is true, etc.). );
4. If the client made a will at that time, the lawyer should strictly examine the process of making a will, whether the identity of the person who wrote the book and the two witnesses is legal (whether they are relatives of the client), whether the testator's thinking is normal, and whether there is coercion. Check the testator's identity card, real estate license, etc. ;
When the lawyer witnessed the making of the will at that time, he should also make an investigation record of the client and the testator.
Third, the writing of testamentary certificate.
1. Title.
State the basic information of the customer.
2. Text.
It is divided into three parts: first, witness matters; Second, witness materials; The third is to witness the conclusion.
3. Tail.
The client who participated in the witness activity signed the witness certificate, and the witness lawyer signed it and stamped his office seal.
4. Additional items.
Fourth, look at the certificate template of the will
Lawyer's witness statement
This is to certify that * * (name, sex, date of birth and current address shall be stated) made the above will in the presence of * * * and * * * at * * (place or witness), and signed (or sealed).
Upon investigation, the testator's behavior and the contents of the will are in line with the provisions of Article 16 of the Law of People's Republic of China (PRC) on State Succession, and are legal and valid.
* * * Law Firm (Seal)
Witness lawyer: * * * * (signature)
Year * month * day
The above is the introduction of the lawyer's will witness procedure and the certificate template compiled by Bian Xiao. It should be noted that before the witness will take effect, the will file shall not be lent out, and the witness lawyer shall not disclose the contents of the will. Before the witness will come into effect, a lawyer may not revoke or change the witness will without the testator's request and legal procedures. If in doubt, please consult a lawyer here.