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The legal effect of a will made by a dying person

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The legal effect of a will made by a dying person


        

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  • 2024-06-24 09:00:03

    The legal and effective contents of the will must comply with the following legal provisions:
    (1) The testator must have full capacity. That is, the will made by a person who has reached the age of 18 and is in a normal mental state is valid.
    (2) The content of a will must be the true intention of the testator. Wills made under duress and fraud, as well as wills that have been tampered with or forged, are invalid, and the form of the will is legal.
    (3) The contents of a will shall not violate the law, and shall not dispose of property owned by the state, the collective, or others.
    (4) Article 19 of the Inheritance Law stipulates that a will should reserve the necessary share of the estate for heirs who lack the ability to work and have no source of income.
    (5) Article 22 of the newly implemented Law on the Elderly stipulates that the elderly should reserve the necessary share for the elderly spouse in accordance with the law when disposing of property by will. This article clearly stipulates that the elderly spouse can inherit the inheritance of the husband or wife, and no longer take "lack of labor capacity and no source of livelihood" as restrictive conditions, which is conducive to the living security of the living party, and avoids the risk of remarried elderly "going out of the home clean".

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