A will can be an oral will, a written will, a self-written will, or a written will. A valid will must meet the following conditions: a will made by a person without capacity or with limited capacity is invalid; A will made under duress or deception is invalid; a forged will is invalid; a will that has been tampered with is invalid. The witnesses present at the will must comply with the legal requirements. If a person who does not comply with the legal requirements becomes a witness, the will will be invalid.
Legal analysis: A will can include an oral will, a written will, a self-written will, or a written will. A valid will must meet the following conditions: made by a person without capacity or with limited capacity. A will is invalid; a will made under duress or deception is invalid; a forged will is invalid; a will that has been tampered with is invalid. The witnesses present at the will must comply with the legal requirements. If a person who does not comply with the legal requirements becomes a witness, the will will be invalid. Different forms of wills have different conditions for their validity, as follows:
1. Self-written will. A self-written will refers to a will written by the testator himself. A self-written will must be written and signed by the testator himself, and the year, month and day must be indicated. Note: A self-written will cannot be written or recorded by others; it cannot be printed; it cannot be signed by others; seals, fingerprints or other symbols cannot be used in place of signatures;
2. Written wills on behalf of others. A written will refers to a will entrusted to be written by another person. A written will must be witnessed by two or more witnesses and must be written by one of the witnesses. The ghostwriter cannot be anyone other than a witness, nor can it be a person who is not allowed to serve as a witness to the will as stipulated by law. The written will must also indicate the month and day, and be signed by the writing agent, other witnesses and the testator;
3. Record the will. When making a recorded will, at least two witnesses must be present to witness it. Testimonials may be in written or recorded form. The witnessed audio tape should be sealed, the month and day should be noted, and the testator and witness should sign on the seal;
4. Oral will. In critical circumstances, a testator may make an oral will. An oral will must be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will will be invalid;
5. Notarize the will. To apply for will notarization, the testator shall apply in person at the notary office. If the testator is unable to go to the notary office in person for will notarization due to illness or other special reasons, he may request the notary office to send a notary to the testator's location to handle the notarization.
Legal basis: Article 1134 of the "People's Republic of China and Civil Code" (effective January 1, 2021) A self-written will must be written, signed and annotated by the testator himself. Next year, month, day.
Article 1,135 A will written on behalf of others shall be witnessed by two or more witnesses. One of them shall write it on behalf of the will, and it shall be signed by the testator, the scrivener and other witnesses. Note Next year, month, day.
Article 1136: The printing of a will must be witnessed by two or more witnesses. The testator and witnesses should sign each page of the will and indicate the year, month, and day.
Article 1,137 A will made in the form of audio and video recording shall be witnessed by more than two witnesses. The testator and witnesses shall record their names or portraits, as well as the year, month and day in the audio and video recording.
Article 1138: In critical circumstances, a testator may make an oral will. An oral will must be witnessed by two or more witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of audio and video recordings, the oral will will be invalid.