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Can a will appoint an heir

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Can a will appoint an heir


        

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  • 2024-06-09 21:00:48

    A will may designate a successor. A natural person may make a will to designate one or more of the legal successors to inherit his personal property, and may make a will to donate his personal property to organizations or individuals other than the legal successors. A will may be established orally, by audio recording, by self writing, by proxy, and by notarization. After the testator dies, his heirs shall distribute the estate according to the will. The content and format of the will are as follows:
    1. Title
    Write down the "will" and the basic information of the testator, such as the name, gender, age, native place and address of the testator.
    2. Body
    (1) Reason for making a will.
    (2) Name, amount and location of all properties.
    (3) Opinions on the disposal of heritage.
    (4) The number of wills made.
    (5) The time and place when the will was made.
    3. End
    The date of the will shall be indicated, and the testator, witness and scrivener shall sign or seal it.
    When establishing a will, the following conditions shall be met:
    1. A testator must have full civil capacity.
    2. The will made by a testator must be his true intention.
    3. The testator shall have the right to dispose of the property disposed of by the will.
    4. The content and form of a will must be legal.
    Legal basis:
    Article 143 of the Civil Code of the People's Republic of China
    Civil juristic acts that meet the following conditions are valid:
    (1) The actor has corresponding civil capacity;
    (2) True declaration of intention;
    (3) It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
    Article 1133 of the Civil Code of the People's Republic of China
    A natural person may make a will to dispose of his personal property in accordance with the provisions of this Law, and may appoint an executor of the will. A natural person may, by making a will, designate one or more of the legal successors to inherit his personal property. A natural person may, by making a will, donate his personal property to the state, a collective or an organization or individual other than the legal heir. A natural person may establish a testamentary trust according to law.
    Article 1134 of the Civil Code of the People's Republic of China
    A self written will shall be written and signed by the testator, and shall be marked with the following year, month and day.
    Article 1135 of the Civil Code of the People's Republic of China
    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, the scrivener and other witnesses, and the testator, the scrivener and other witnesses shall sign the will, noting the next year, month and day.
    Article 1136 of the Civil Code of the People's Republic of China
    The printing of a will shall be witnessed by two or more witnesses. The testator and the witness shall sign each page of the will, noting the next year, month and day.
    Article 1137 of the Civil Code of the People's Republic of China
    A will made in the form of audio and video recordings shall be witnessed by two or more witnesses. The testator and the witness shall record their names or portraits, as well as the year, month and day in audio and video recordings.
    Article 1138 of the Civil Code of the People's Republic of China
    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 in the form of audio and video recordings after the emergency situation is eliminated, his oral will shall be invalid.
    Article 1139 of the Civil Code of the People's Republic of China
    A notarial will shall be made by the testator through a notarial institution.

    h***

    2024-06-09 21:00:48

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