First, the cost of testamentary witness is not high.
As the most effective notarized will, the fee is only a few hundred yuan. Because it can't be notarized, many people settle for the second best and choose lawyers to witness. According to the Detailed Rules for Lawyers' Witness Business, property-related witnesses can be charged according to non-litigation business standards, and non-property witness fees can be negotiated by both parties.
In the city where the author lives, the fees are charged by local lawyers. If the lawyer's witness does not involve property relations, the fee for each piece shall not be less than 3,000 yuan; Lawyers, witnesses, etc. 2% of the amount of the subject matter of the property, but the minimum amount shall not be less than 5000 yuan.
But as far as I know, lawyers often charge less according to the amount of property subject matter. You can't just charge according to the workload and the number of witnesses. This also leads to lawyers' low interest in witnessing wills.
Second, the testator needs to face high risks.
It is not uncommon for law firms to face high compensation after probate. As a result, more lawyers are unwilling to witness the will.
From recent cases, it is often seen that the testator is invalid because the lawyer has not signed it. In some cases, the witness of the will is invalid, because the lawyer has only one witness, and the lawyer is not sure whether the decedent's will is true or not when witnessing. That is, when witnessing the will, you need to face high compensation if you are a little careless.
Third, a real breakthrough.
Will is a basic form for the parties to protect their property rights. Testament witness is not a dead end. Many law firms and other third-party organizations have begun to establish wills. Provide convenient will registration services for the parties.
Law firms without testamentary banks can effectively grasp risks, standardize witness procedures and operate cautiously when they are engaged in testamentary witness, but they can still provide personalized witness services for the parties. How to provide testamentary testimony for the elderly patients in the hospital, if we often consult our lawyers;
First, establish a perfect witness entrustment procedure.
The law firm signed an entrustment contract with the client in advance. Because the testator is the principal. However, in practice, heirs are often more keen to find witness lawyers. When concluding an entrustment contract, we should pay more attention to the fact that both parties to the contract should be the testator and the law firm. The payer is also the testator. When it is not convenient for the testator to sign a contract at that time, he shall go through the contract formalities in time.
Secondly, the hospital where the testator is located is required to prove in advance that his consciousness is clear and he can make a will.
The will made by elderly patients is most likely to be questioned by their mental state when making a will. Many wills are considered invalid mainly because patients can't prove that they have complete ability to express their will in the hospital. To this end, such a will. It is necessary to prepare the corresponding hospital certificate in advance to improve the probative force of the evidence.
In addition, the lawyer's interrogation record should be prepared in advance in strict accordance with the procedures, and the audio and video should be synchronized so as to determine the whole process of making a will.
When making inquiries, lawyers can appropriately ask questions related to life in order to further confirm their consciousness. Audio and video synchronization shows that two lawyers are present when making a will, which can witness the whole process of making a will to ensure the validity of the will.
Finally, make a lawyer's testimony that meets the requirements.
A lawyer needs to produce a testament to witness his will, and the lawyer needs to describe the witness, whether the witness meets the legal provisions, whether the party's intention is true and whether the signature is true.
To sum up, there is no small risk for lawyers to witness wills. However, in the spirit of serving the parties, there is still a wide demand for legal services for testamentary testimony.