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How to determine the validity of a will with defects in its formal requirements

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How to determine the validity of a will with defects in its formal requirements


        

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  • 2024-06-24 19:00:59

    There are five types of wills recognized in judicial practice, namely, notarial wills, self written wills, written wills, recorded wills and oral wills as stipulated in Article 37 of the Inheritance Law.
    Except for the above five forms of wills, the law does not recognize them. However, due to some parties' insufficient attention to wills and insufficient legal awareness of wills, wills with defects or lack of formal elements often appear.
    In this case, the judicial practice is quite controversial. One view is that the completeness of the formal elements of the will should be adhered to. The formal elements have flaws or deficiencies, which do not meet the mandatory requirements of the law.
    It should be an invalid will; Another view is that the formal elements of a will serve the purpose of the will, that is, the true will of the testator.
    There are defects or flaws in the form of the will, but if it can be proved that the content of the will is the true intention of the testator, the content of the will is legal, and there are no other invalid circumstances, the will cannot be deemed invalid because of the incompleteness of the formal elements.

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