Testator: ××× year × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × month × day × month × month × day × month × month × month × day × month × month × month × day × month × month × month × month
I, XXX, solemnly make this will according to the existing laws of People's Republic of China (PRC) and witnessed by XXX and XXX, and declare that this will is my only valid will so far. Unless I have gone through legal and effective procedures, any subsequent documents will not constitute a change, supplement or revocation of this will.
I am conscious and acting independently now. I can fully understand the legal significance of my actions and make this will of my own free will. I once had a marriage relationship, that is, my current wife ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× My will is as follows:
1. My property in XX is my personal property before marriage, all of which was inherited by my parents, and I went through the registration of property right change after my death. If one of my parents dies before me, it will be inherited by another living parent. If both parents die before me, all of them will be inherited by my children, and they will be raised by XXX before they reach adulthood.
2. My property in XX belongs to my wife and me, and my share belongs to me, which is inherited according to the above-mentioned Article 1.
Three. My bank account. My existing claims
If there are other missing properties, unless I add them later, I declare that they will also be distributed according to the principles of this will.
I appoint XX and XX as my executors, who will jointly unseal and publish this will after my death, and be responsible for distributing my inheritance. If any one of them dies before me or is unable to perform his duties for other reasons, the other person will be my executor alone. If both of them are unable to perform their duties, the other person designated by them shall perform them. The specified documents must be signed by any one of them.
The Testament Execution Legal Service Agreement signed by me and Hubei Kaiqi Law Firm on, is an annex to this will, and the terms related to the execution of the will, such as the appointment of the executor (including the appointment of entrustment change), the rights of the executor, and the payment of legal service fees for the execution of the will, are regarded as an integral part of this will.
This will was made by me on and witnessed by and.
Signature of testator: signature of witness:
Year, month, sun, moon, sun.
The above is one of the formats for drafting our will. In fact, the law does not stipulate what format a will must take. As long as it meets the above formal and substantive requirements of a valid will, it is a valid will. But a complete and easy-to-execute will must be a carefully planned will. For the convenience of the parties, the general format of the will is provided here for reference, and there are special tips where special attention is needed.
(1) Header
The first part should make it clear that this is a will, explaining the basic information of the testator and the mental state and autonomy when making the will. Usually includes:
1. Title. Usually the word "will". A title is not required.
2. Testator information. Including the testator's name, identity card number, marital and family status, etc. Agent information (name, ID number, work unit).
3. The mental state of the testator when making a will. This is based on the law that the testator must be a person with full capacity for civil conduct.
4. The will of the testator is autonomous when making a will. This is based on the law, and the will must be the expression of the testator's true will.
5. A statement about the uniqueness of a will or its relationship with other wills. So as not to cause the trouble of multiple wills. It is also convenient to supplement or modify the will in the future.
(2) Text
Text is the core of will and the focus of estate planning. In this part, the testator should distribute his property. The testator can make a list of the estate first, and then distribute it one by one, or he can distribute it item by item without making a list. In this part, lawyers should be fully consulted to prevent similar disposal of other people's property from causing the will to be invalid. In addition, it is also necessary to ensure that the disposal of property is in the best interests of property and is enforceable. We should take care of the interests of all parties and ensure that we do not violate the last three points of the above-mentioned substantive elements of the will.
Special instructions:
1. Is personal legal property listed? Some people have all kinds of property names, and it is inevitable to miss them. Don't forget that there are other intangible assets, such as shares, partnership equity, creditor's rights, etc. If there is any property missing, it can be supplemented by supplementary clauses afterwards. Otherwise, it will be regarded as intestate and distributed according to legal inheritance.
2. Is personal legal property listed? Not only should we list them, but more importantly, we should list them. For example, if it is a real estate, it is necessary to write clearly the information such as the house ownership certificate number, location and area; If it is a bank deposit, you need to write down the specific bank, deposit type, amount, bank password and other information (the password can be sealed separately and handed over to the executor and heir when executing the will).
Have you disposed of other people's property? It is suggested that the testator should learn legal knowledge such as marriage law before making a will, or provide the lawyer with the property status and ask which property belongs to individuals, and can be punished.
4. Is the necessary share reserved for the heirs who lack the ability to work and have no source of income, and is the share reserved for the unborn fetus? Although the will emphasizes the personal disposal of property, it cannot violate the mandatory provisions of the law.
5. Is the specific distribution plan feasible? For example, the eldest son and the second son each have two rooms. This writing is not specific. Which two rooms do you live in? Another example is the 80-square-meter house in XX, which was inherited by the eldest son and the second son. When the eldest son lives and uses, the testator will compensate the second son at a discount of 50% of the market price of the house when he dies. This can be implemented, but it should also be noted that this will increase the inheritance cost, because if the eldest son and the second son have differences on the market price of the house, they need to be evaluated. Besides, what happens if one of them gives up inheritance? You can think about this problem yourself. It can be seen that the connotation of a simple will is very rich and complicated. If you don't understand the law and are not good at planning and consideration, it will affect the effectiveness of the will and increase the difficulty of its implementation.
(3) Tail
1. Specify a testator. It is best for the testator to hold one will and the other to be kept by a professional institution.
2. Appoint the executor. The executor should have a certain degree of credibility, preferably two or more persons designated by professional institutions.
3. Signature of testator, agent and witness. If the will has multiple pages, it is best to sign each page. Note that the signature is handwritten, and it is not allowed to replace the signature with stamp or handprint.
4. indicate the date.
5. indicate the place where the will will be made. (4) Accessories
As mentioned above, for the sake of safety, some testators either ask doctors to witness their spirit or lawyers to witness their wills. In these cases, it is best to attach witness statements from doctors and lawyers. Professional law firms format testamentary certificates.
This produced a perfect will.