Enquiring knowledgeable people Inquisitive education Hospital Treasury

Can the cousin of the testamentary successor be the witness

home page

Can the cousin of the testamentary successor be the witness


        

Submit answer
Favorable reply
  • 2024-06-22 07:01:44

    According to the Inheritance Law of the People's Republic of China
    Article 17 A notarial will shall be made by the testator through a notary organ.
    A self written will shall be written and signed by the testator, and marked with the following year, month and day.
    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.
    A will made in the form of a sound recording shall be witnessed by two or more witnesses.
    A testator may make an oral will in a critical situation. An oral will shall be witnessed by two or more witnesses. If a testator is able to make a will in writing or by recording after the emergency situation is relieved, his oral will shall be invalid.
    Not long ago, Wang's father died of serious injury due to a car accident. Before his death, his father left an oral will, explaining that Wang and his sister inherited most of the estate. At that time, a relative and friend wrote on behalf of Wang and his sister were present. Later, Wang's married sister came back from other places and claimed that Wang and his sister were the heirs of the estate, so it was useless to be the witnesses of his father's will and did not agree to divide the estate according to the will. Can Wang and his sister be witnesses of his father's will? Is his father's will valid
    Article 17 of the Inheritance Law of China 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, note the date, month and year, and be signed by the testator, other witnesses and the testator. A will made in the form of a sound recording shall be witnessed by more than two witnesses. A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. " It can be seen from this legal provision that a written will, a recorded will and an oral will must be witnessed by more than two witnesses to prove the authenticity of the will. But the law stipulates that not everyone can be a witness. Article 18 of China's Inheritance Law clearly stipulates: "The following persons cannot be witnesses of the will:
    (1) Person with limited capacity
    (2) Successors and legatees
    (3) A person who has an interest in the heir or legatee. "
    Both Wang and his sister are testamentary heirs and cannot be witnesses. Therefore, this will is invalid. Wang's father's property can be inherited according to law.

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):