2. The old man who makes a will must be a person with full capacity for civil conduct and also have the ability to make a will.
The content of the will must be the expression of the old man's true meaning.
4. The contents of the will shall not violate laws and regulations, and shall not harm the interests of the state and the collective.
The will made by the elderly is valid if the following conditions are met:
(1) written and signed by the testator, indicating the year, month and day;
(2) The testator must have full capacity for civil conduct;
(3) It must be the true intention of the testator;
(four) the contents of the will shall not violate the law and shall not harm the interests of the state and the collective;
(5) The will should reserve the necessary share of inheritance for the heirs who lack the ability to work and have no source of income.
Second, what problems should the elderly pay attention to when making a will?
First, whether it is necessary to make a will. According to the provisions of the Inheritance Part of China's Civil Code (202 1 1 implemented), the first-order heirs are the spouse, children and parents of the decedent; The heirs in the second order are the brothers and sisters, grandparents and grandparents of the decedent. In other words, when you don't make a will, inheritance is stipulated by national laws, which is called legal inheritance. So not everyone should make a will.
Second, the purpose of making a will is to break the law of legal inheritance and make new arrangements according to one's own wishes. For example, one heir can be allowed to inherit more, or the legal heir can be ruled out, or an heir can be appointed to inherit specific property. Will needs to be expressed accurately, and the content cannot be ambiguous. Someone once wrote a will in poetry. After his death, the literary language of poetry was romantic and imaginative, which made the will uncertain and caused inheritance disputes.
Third, making a will should be fully considered with the support of the elderly before their death. Don't make a will just because you are hot-headed, angry with your child, or persuaded. Before making a will, you need a cool head to make an objective judgment on the relationship between your first heirs in the family, and then decide whether and how to make a will.
Fourth, the remarried elderly should pay attention to the particularity of the relationship between remarried wife and children when making a will. Don't just listen to the remarried wife's request, and don't just listen to the children's request to make a will. Never make a will as a condition for remarriage, because this kind of marriage is a disguised buying and selling marriage.
Fifth, when making a will, it is necessary to reserve the necessary share of inheritance for those who have no ability to live or have no source of income during their lifetime.
Does the old man's will need notarization?
No need. Generally speaking, notarization is not a statutory mandatory condition for the will to take effect. Therefore, even if it is not notarized, it is legally effective as long as it conforms to the provisions of the Civil Code.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 134 A self-made will shall be signed by the testator and marked with the year, month and day.
Article 135 A will written by an agent shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, agent and other witnesses, and shall be signed by the testator, agent and other witnesses, indicating the year, month and day.
Article 136 A printed will shall be witnessed by two or more witnesses. The testator and the witness shall sign on each page of the will and indicate the year, month and day.
Article 137 If a will is made in the form of audio and video recording, two or more witnesses shall be present to witness it. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.
Article 138 A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.
Article 139 A notarized will shall be handled by the testator through a notarization institution.