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Can the notary office write a will

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Can the notary office write a will


        

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  • 2024-06-26 00:01:41

    You can ask a notary to sign on behalf of you. In addition to the signer, you need a witness. You can bring one yourself or ask one on the spot.
    Frequently asked questions about wills written on behalf of others:
    (1) The expression of the deceased's true intention is the key
    1. The decedent shall have a clear consciousness, be of normal mind, and be a person with full capacity for conduct
    2. A will written on behalf of the testator requires the testator to orally state the contents of the will in person, rather than the testator making a will according to his own will, or the testator making a will according to the dictation of someone other than the decedent. The proxy can only truthfully record the content of the testator's oral will according to the testator's intention, and cannot make substantive amendments or changes to the content of the will.
    (2) Interested parties cannot write wills on behalf
    1. The proxy shall have no interest with the decedent. If the proxy has an interest with the defendant's successor, the will of the proxy may become invalid.
    2. With the development of society, new types of wills are also emerging, such as printed wills, which are in the nature of written wills in form.
    (3) Witness must be present
    According to the provisions of the inheritance law of our country, a will written on behalf of another person should be witnessed by more than two witnesses, and one of them should write on behalf of the other person. The scrivener and witness shall witness the whole process of the testator's statement of property disposal and signature on the will. If there is only one scrivener, the scrivener's will is invalid.
    Legal basis:
    Article 17 of the Inheritance Law of the People's Republic of China
    [Form of testament] A notarized will shall be handled by the testator through a notary office.
    A self written will shall be written and signed by the testator, and shall be 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.

    Joe***

    2024-06-26 00:01:41

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