What should we do if the testament notarization procedure is illegal?

I insinuation of a will How to deal with illegal procedures?

The Supreme People's Court Law of succession Opinions on Several Issues "stipulates in Article 42, will A person has made several wills in different forms that contradict each other. If there is a notarial will, the last one shall prevail. It can be seen from this that the earliest notarial will can be revoked or changed by the later notarial will.

A notarial will is a will established by means of notarization. yes evidence A strong form of testament is adopted by most countries in their legislation. China's inheritance law lists notarial will as the first of five forms《 Civil Code 》(Effective on January 1, 2021) Article 1139 stipulates that "a notarized will shall be handled by the testator through a notary office". To handle a notarial will, the testator must personally go to the notary office to orally state or write the will witness The notary shall carefully examine the authenticity and legality of the will, and after confirming its validity, the notary shall issue the Testament Notary. The notarized will shall be signed by the notary and the testator and affixed with the official seal of the notary office in duplicate, and shall be kept by the notary office and the testator respectively. The change and revocation of a notarial will must also go through a notary office. same inherit When there are several conflicting wills, the notarized will shall prevail.

2、 What are the precautions for handling notarized wills?

（1） When notarizing a will, the testator shall go to the notary office in person and cannot entrust others to do it on his behalf.

（2） The testator should be clear in mind, able to express his own meaning truthfully, and free from coercion or deception.

（3） If the original will notarization has been done in the notary office and the original will notarization is to be changed or revoked, the original will notarization certificate shall be submitted and handled in the original notary office.

（4） After the testator's death, Testamentary succession A person shall hold a notarial certificate of will and the deceased Death certificate , and I ID Documents shall be handled at this office notarization for the right of inheritance 。 If the beneficiary of the will is absent Legal heir In the case of scope, it refers to the legatee. The legatee must come to this office to notarize the declaration of acceptance of the legacy within two months after learning of the legacy.

As for the determination of the validity of the estate, the first thing is to review the legality of the estate. The notarization procedure of the will is illegal, and the will must have no legal effect in law. At this time, a notarization of the will can be done again. According to the law of our country, if there are two or more notarized wills, the last one made on the notarization date shall prevail.