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What are the valid conditions of testamentary succession

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What are the valid conditions of testamentary succession


        

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  • 2024-05-26 09:00:01

    Specifically, it includes the following five parts:

    First, the testator must have full civil capacity.

    Second, the testator's will must be his true declaration of will.

    Third, the testator must have the right to dispose of the property disposed of by the will.

    Fourth, the content of the will must be legal.

    Fifth, the content and form of a will must be legal, and both the content and form must be legal.

    [Legal basis] In Article 1134 of the Civil Code, the testator shall personally write and sign the self written will, and note the following year, month and day.

    Article 1135 A will written on behalf of a testator shall be witnessed by two or more witnesses, one of whom shall write the will on behalf of the testator, the testator and other witnesses, who shall sign the will and note the next year, month and day.

    Article 1136 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 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 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 A notarial will shall be made by the testator through a notarial institution.

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