Enquiring knowledgeable people Inquisitive education Hospital Treasury

Is testamentary succession not notarized

home page

Is testamentary succession not notarized


        

Submit answer
Favorable reply
  • 2024-06-23 09:00:03

    Unnotarized wills can also be valid. The following conditions must be met for a will to be valid:
    1、 The testator must have testamentary capacity
    In Article 41 of the Opinions on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China, the Supreme People's Court clearly stipulates that "a testator must have capacity to act when making a will. A will made by a person without capacity, even if he later has capacity, is still invalid. The testator has the capacity to act when making a will, but later loses the capacity, which does not affect the validity of the will. "
    2、 The will must be the testator's true intention
    A will must be the true declaration of will by the testator to dispose of his property, because the true declaration of will is a necessary condition for the validity of civil acts. Whether a will is the testator's true declaration of will, in principle, shall be subject to the testator's final declaration of will in the will. Wills made under duress or deception are invalid; Forged wills are invalid; If a will is tampered with, the tampered contents shall be invalid.
    3、 A will may not revoke the right of inheritance of a successor who lacks the ability to work and has no source of income
    Article 19 of the Inheritance Law of our country stipulates that a will should reserve the necessary share of the inheritance for heirs who lack the ability to work and have no source of income. This provision is mandatory. If the testator does not reserve the share of the estate of a successor who lacks the ability to work and has no source of income, the testator shall leave the necessary estate for the successor when disposing of the estate, and the remaining part may be disposed of by reference to the distribution principle determined in the will. Whether a successor lacks the ability to work and has no source of income shall be determined according to the specific circumstances of the successor when the will takes effect.
    4、 The property disposed of in the will must be the testator's personal property
    If a testator disposes of property owned by the state, a collective or another person by his will, such part of the will shall be deemed invalid.
    5、 Wills must not violate social public interests and social ethics
    If a will harms the public interest or its content violates social morality, it cannot be effective.

  • civil Relevant knowledge

  • 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):