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Whether the testator's will is valid without notarization

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Whether the testator's will is valid without notarization


        

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  • 2024-05-28 08:01:26

    Whether the testator's will is valid without notarization depends on whether the will meets the requirements for the validity of the will. If it meets the requirements, it is also valid without notarization, otherwise it is invalid:

    1、 The testator has civil capacity. Our law stipulates that only people with full civil capacity can have the capacity to establish a will, that is, testamentary capacity. People without full civil capacity do not have testamentary capacity. Therefore, the testator must be a person with full civil capacity.

    2、 The content of a will is the testator's true intention. Whether a will is the testator's true declaration of will, in principle, shall be subject to the testator's final declaration of will in the will. According to China's Civil Code, wills made under duress or deception are invalid; Forged wills are invalid; If a will is tampered with, the tampered contents shall be invalid.

    3、 The testament does not cancel the right of inheritance of heirs who lack the ability to work and have no source of income. If the testator does not reserve the share of the estate of a successor who lacks the ability to work and has no source of income, then when disposing of the estate, he should leave the necessary estate for the successor, and the remaining part can be disposed of according to the distribution principle determined by the will.

    4、 The property disposed by will is the lawful property of the testator.

    5、 The content of the will does not violate the public interest and social morality.

    [Legal Basis]

    Article 1143 of the Civil Code states that a will made by a person without or with limited capacity for civil conduct is invalid. A will must express the true will of the testator, and a will made under fraud or coercion shall be invalid. A forged will is void. If a will is tampered with, the tampered contents shall be invalid.

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