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Does the wife's act of making a will on behalf of her husband have legal effect

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Does the wife's act of making a will on behalf of her husband have legal effect


        

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  • 2024-06-23 22:00:49

    1. The will written on behalf of others, also known as "the will written on behalf of others" and "the witness will", is one of the forms of wills stipulated in the Inheritance Law of China.
    2. A will written on behalf of a testator is a written will written on behalf of another person while the testator dictates all the contents of the will.
    3. A will written on behalf of the testator shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, noting the next year, month and day, and shall be signed by the proxy, other witnesses and the testator.
    4. The following persons cannot act as testamentary witnesses:
    (1) Persons without or with limited capacity;
    (2) Successors and legatees;
    (3) A person who has an interest in a successor or legatee. This form of will is applicable to the case where the testator will not express his true intention of disposing of property in words or cannot write a will in person for some reason. The wife is a person who has an interest in the will, and making a will on behalf of her is invalid. What conditions must be met for a will written on behalf of the testator? It means that the testator asks others to write a will on his behalf. A conditional will made on behalf of a testator is a testator's handling of his own property or other matters, which should be completed by the testator himself. However, if the testator is illiterate or unable to write due to illness, or unwilling to write his own will, he may entrust another person to write the will on his behalf. Paragraph 3 of Article 17 of the Inheritance Law stipulates: "A will written on behalf of the testator shall be witnessed by more than two witnesses, one of whom shall write on behalf of the testator, noting the next year, month and day, and shall be signed by the testator, other witnesses and the testator."
    1. A will written on behalf of the testator shall be given the content of the will by the testator and written on behalf of a witness.
    2. Two or more persons must be present to witness the will written on behalf of others.
    3. The scrivener, other witnesses and the testator must sign the will and register the year, month and day.

    G***

    2024-06-23 22:00:49

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