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How can a will be valid

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How can a will be valid


        

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  • 2024-05-26 08:00:43

    1. A testator must be a person with full capacity for civil conduct, and have full knowledge and understanding of the legal consequences of his actions.

    2. It must be his true intention, and the will made under duress or deception is invalid

    3. The property disposed of in the testament must be his own personal property, not the joint property of the husband and wife, otherwise, it can only be regarded as partially invalid, and his legally entitled share can only be executed according to the testament, not the entire property.

    4. Self written wills shall be written by the testator in his own hand, and shall not be formed by others' handwriting or machine typing. Finally, he/she shall sign his/her own name and note the following year, month and day. 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.

    [Legal Basis]

    In Article 1133 of the Civil Code, 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.

    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.

    In Article 1134 of the Civil Code, a testator shall write a self written will in his own hand, sign it and note the following year, month and day.

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