Enquiring knowledgeable people Inquisitive education Hospital Treasury

Can I inherit the house property by writing a will

home page

Can I inherit the house property by writing a will


        

Submit answer
Favorable reply
  • 2024-06-20 06:00:50

    The inheritance of house property may be made by writing a will.
    A testator shall write the whole contents of the testament in his own handwriting and sign it, with the next year, month and day noted.
    1. A will is a unilateral legal act, that is, a will is a legal act that can produce expected legal consequences based on the testator's unilateral declaration of will.
    2. A testator must have full capacity for civil conduct, while a person with limited capacity for civil conduct and a person without capacity for civil conduct do not have the capacity to make a will and cannot make a will.
    3. A will cannot act as an agent. The content of a will must be the testator's true declaration of intention, which should be made by the testator himself, and cannot be represented by others. If it is a will written on behalf of others, it must also be signed by the person in person and witnessed by more than two witnesses.
    4. In case of emergency, oral will can be adopted, and more than two witnesses are required to witness. After the emergency is relieved, if the testator can make a will in written form or audio recording, the oral will will become invalid.
    5. A will is an act that takes legal effect only when the testator dies. Because a will is a disposition made by a testator before his life to the ownership of his property after his death in the form of a will, which can also be changed and revoked before his death, a will must take the death of the testator as a condition for its effectiveness.
    6. If the testator has not died in fact, but has met the relevant legal conditions, after the people's court declares his death upon the application of the relevant interested party, the will will also become legally effective, and the interested party may dispose of the property of the testator. If the testator reappears in a short period of time, the corresponding property can be returned to the testator. If it takes a long time, such as more than two years, and the property cannot be returned, the beneficiary should help the testator's basic life within the scope of his benefits, but the legal obligor is not subject to this limit.
    Self written wills are a special form of wills. Paragraph 2 of Article 17 of the Inheritance Law of the People's Republic of China stipulates that "self written wills shall be written and signed by the testator in his own hand, with the date, month and year indicated." According to this provision, the requirements for self written wills are:
    (1) Must be written and signed by the testator
    (2) The testator must write the full text of the will in person
    (3) We must note next year, month and day, and none of the three items is dispensable. Self written wills do not require witnesses. However, if you print out a will, and then just sign it, and note the next year, month, and day, its validity is controversial, depending on the specific situation. If there is evidence to the contrary that the printed will is not my true intention, it is likely to be considered invalid. If there are several wills, the notarized will has the highest effect. If there are several notarized wills, the one with the last date has the highest effect. It is better to be able to write by yourself, and there should be personal handwriting as evidence.

    No***

    2024-06-20 06:00:50

  • 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):