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How to leave property to children

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How to leave property to children


        

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  • 2024-06-23 13:00:48

    If parents want to leave their property to their children by writing a will, their will must be legal and valid. The effectiveness of a will shall meet the following requirements:
    (1) An oral will may be made in an emergency and must be witnessed by two or more disinterested persons. If a recorded will is made, there should also be more than two witnesses present to witness (2) the testator must personally write and sign the will, noting that the testator will be written on behalf of another person on the following year, month and day (3), and if the testator authorizes another person to write the will on behalf of another person, there must also be more than two witnesses present to witness (4) the testator will be notarized, and the testator requests the local notary office to handle the notarization. A notarial will has the strongest evidentiary effect in law. For the benefit of the testator, the notary office keeps the contents of the will confidential. (5) No matter what form of will is made, the testator must have the capacity to act.
    (6) The contents of a will shall not violate the provisions of the law, and shall not deprive the person who has the obligation to support, lacks the ability to work, and has no source of income of the right to inherit.
    In short, a will can be effective only if its content is true, legal and formal, and a valid will can take effect only after the testator's death.
    Article 5 of the Inheritance Law of the People's Republic of China
    After the beginning of succession, if there is a will in accordance with statutory succession, and if there is a legacy maintenance agreement in accordance with testamentary succession or legacy, the agreement shall prevail.

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