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How can a will take effect

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How can a will take effect


        

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  • 2024-06-22 15:00:49

    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.
    Article 18 of the Inheritance Law of the People's Republic of China stipulates that: "The following persons cannot be witnesses of a will: (1) persons without or with limited capacity; (2) heirs and legatees; (3) persons who have an interest in the legatees and successors.
    There are two types of "interested persons":
    The first is the close relatives of the heirs or legatees, including spouses, children, parents, siblings, grandparents, maternal grandparents, grandchildren, grandchildren and other family members living together
    The second is the person who has a civil claim and debt relationship with the successor. Article 36 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Succession Law of the People's Republic of Chinaa stipulates that "the heirs, the creditors of the legatee, the debtors, and the partners in the joint operation shall also be regarded as having an interest in the heirs and the legatee, and shall not be the witnesses of the will."

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    2024-06-22 15:00:49

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