An oral will has legal effect only if it meets the following conditions:
 （1） An oral will can only be "made" in a critical situation. The law stipulates that only oral wills made under such circumstances have legal effect.
 （2） If the testator is not dead after "the emergency situation is relieved", the oral will will become invalid. If the testator in critical condition recovers the ability to make other wills after rescue, the oral will will be deemed invalid and shall be made in other ways.
 （3） An oral will is valid only if it is witnessed by more than two witnesses.
 According to the provisions of Article 18 of the Inheritance Law of the People's Republic of China, the following persons cannot act as testamentary witnesses: (1) persons with no or limited capacity; （2） Successors and legatees; （3） A person who has an interest in a successor or legatee. There are two types of people with interests: one is the close relatives of the heirs or legatees, and the other is the people who have civil claims and debts with the heirs.