Now many old people choose to use will to divide their property after their death, but writing a will is not a simple thing. Many old people can't 'law' because they can't write a will, not only their long cherished wish hasn't been reached, but also their children go to court and start a lawsuit. So, how can old people's wills be effective? The editor will teach you about property safety.
Definition of will
Testamentary act refers to the legal act that the testator disposes his or her estate or other affairs in a manner prescribed by law and takes effect when the testator dies within the scope permitted by law before his or her life.
Why are inheritance disputes frequent?
In order to prevent children from disputes over property, and to avoid the cumbersome procedures for children to inherit property in the future, many old people will choose to make a will before they die. It is understood that most of the groups who come to the notary office to make a will are white haired old people. They will determine the distribution of heritage according to their children's economic conditions and the degree of harmony with their children. There is also a common feature of this group: frail and sickly, they generally have multiple children, and the people who make a will have long gone from the rich groups in the past to the ordinary people today.
However, for the old people who have little knowledge of law, it seems not an easy thing to make a valid will.
On the other hand, some heirs are willing to forge wills in order to inherit more. Due to the low cost of forging wills and the difficulty in the identification of the authenticity of wills, such illegal acts occur frequently, which also leads to a lot of disputes, which need to be solved.
What are the conditions for an old man to make a will?
The first thing to pay attention to when making a will is the validity of the will. A valid will must have the following conditions:
（1） The testator must have full civil capacity. According to Article 41 of the opinions of the Supreme People's Court on Several Issues concerning the implementation of the inheritance law of the people's Republic of China, a testator must have the capacity to act when making a will. A will made by a person without capacity for civil conduct is void even if he later has capacity for civil conduct. When a testator makes a will, he has the capacity to act. Later, he loses the capacity, which does not affect the validity of the will. "Adults who suffer from physical defects such as deafness, hoarseness, blindness and no mental illness have full capacity for behavior, so they can also make a will.
（2） A will made by a testator must be an expression of his true will. The untrue expression of intention is embodied in the following situations:
1. A will made by coercing the testator;
2. Deceiving a will made by a testator;
3. A will forged by an intestate;
4. A tampered will;
5. A will made by a testator in a trance. The second, third and fourth paragraphs of Article 22 of the inheritance law of the people's Republic of China stipulate: 'a will must express the true intention of the testator, and a will made under duress or deception is invalid. A forged will is void. If the will is tampered with, the tampered contents shall be invalid. '
（3） The testator must have the right to dispose of the property disposed of by the will. In real life, it is common for a husband to dispose of all the husband and wife's property without his wife's consent when he makes a will. In addition, according to the inheritance law of the people's Republic of China on the implementation of the Supreme People's Court & lt; inheritance law of the people's Republic of China & gt; Article 39 of the opinions on a number of issues stipulates: "if the act before the testator's life is contrary to the will's expression, and the property disposed of by the will is lost, partially lost, or the ownership is transferred or partially transferred before the beginning of succession, the will shall be deemed to be revoked or partially revoked.". '
（4） The contents of a will must be legal. There are three situations in the content illegal will: 1. The will cancels the inheritance right of the successor who lacks labor ability and living source. 2. The will does not reserve the necessary share of inheritance for the fetus. 3. The contents of the will violate other laws.
How can an old man's will be valid?
The types of wills include notarized will, written will, self written will, recorded will and oral will. According to the individual's physical condition, property condition and family combination, as well as the characteristics and nature of different wills, we can make a will that suits us and is guaranteed. If the testator is inconvenient or unable to write the will by himself (such as illiterate, limited physical condition, etc.), it is suggested that a professional lawyer can write the will on his behalf, or a professional lawyer can assist in the notarization of the will, so as to avoid unnecessary trouble due to the nonstandard making of the will.
1、 Notarized will: the testator may, to the extent permitted by law, dispose of his estate or other affairs personally in the manner prescribed by law, When the testator dies, the decedent submits the will. The notary office will examine the property involved in the will. For example, the real estate certificate should be submitted for the real estate, and the corresponding proof materials should be submitted for the personal property or the joint property of husband and wife, which should be checked by the notary office at all levels. If a lawyer intervenes to examine the contents of a will before notarizing it, and then notarizes it, the validity of the will is the most guaranteed.
2、 Testamentary documents: two or more witnesses are required to witness the documents. One of them shall write the documents on behalf of the other, noting the next year, month and day, and shall be signed by the testator, other witnesses and the testator. The successor lawyer reminded and suggested that the witness should be witnessed by a lawyer, who can witness in a law firm, take photos, video and file. The lawyer's witness will be more professional and standardized, which can guarantee the validity of the will to the greatest extent, and avoid the risk of the loss of the will or the witness's failure to prove the witness.
3、 Self written will: it is written by the decedent in person, with notes of next year, month and day. This kind of will is more suitable for professional legal people. Self written will has a high demand on the heir (writer). Not only must have the specialized legal knowledge, but also must have the certain writing expression ability. Professional legal knowledge is not limited to inheritance laws and regulations, but also needs to understand property law, marriage law, general principles of civil law and other relevant legal provisions. If the writer's legal knowledge is not professional, or his writing ability is insufficient, it may affect the validity of the will.
4、 Recording will: a will established in the form of recording shall be witnessed by two or more witnesses. Therefore, the inheritance law has the same requirements for this form of will and the will of proxy: there should be more than two witnesses present to witness. A testator may make an oral will in a critical situation.
5、 Oral will: in case of emergency, it shall be witnessed by more than two witnesses. However, after the emergency situation is relieved, the testator can make a will in writing or by recording, and the oral will made is invalid. This is a more strict requirement for making a will in oral form: 1. Generally speaking, it is not allowed to make a will in oral form;
2. There must be two or more witnesses present to make an oral will;
3. When the testator is able to make a will in other forms after the emergency is relieved, the original oral will will lose its legal effect.
What problems should the old man pay attention to when making a will?
1、 Change the concept of will.
A will is not a last word. Many old people mistakenly think that the will is the last words, and that making a will is their own 'almost'. It's a common idea that it's unlucky to make a will earlier when they want to explain their future affairs to their children. The children think that it's unnecessary for the father (mother) to explain the sad things. In fact, there is no need to do so. These ideas are a misunderstanding. Will is a kind of legal act stipulated in the inheritance law, which mainly deals with the inheritance, not the so-called last words. A will can be made either in good health or on the deathbed. It is very common for young and middle-aged people to make wills in foreign countries. In recent years, the phenomenon of Wills made by young and middle-aged people in China has gradually increased. Therefore, the old people and their children should change their ideas and make wills in a normal way.
2、 Establish a sense of rights.
The old people should establish the consciousness of their own property owners, insist on making wills voluntarily, decide the contents of wills freely without violating the law, and establish the heirs. According to the provisions of the civil law and the inheritance law, the elderly have the right to dispose of their own property or heritage. Making a will is a legal act to implement the right, which is protected by law. In life, some children actively ask the old man to make a will or even force the old man to make a will. Some children also interfere with the contents of the old man's will and even cause family disputes for the will. These acts are illegal and infringe upon the property rights of the old man.
3、 Make a will in time.
Making a will is a legal act, which requires several conditions, such as voluntary will, legal and clear contents of the will, clear thinking of the testator and so on. Some old people don't want to make a will until they are very weak, dying or suffering from serious illness. At this time, they will have confusion of consciousness and thinking. Sometimes they don't have the strength to write or sign. In this case, it is generally impossible to make a will, and it may be invalid if it is made. In real life, there are many cases of family disputes due to the doubt of the effect of the will made at the end of life. Therefore, the elderly should make a will in time when they are in good health and clear thinking, so as to avoid disputes between their children behind them
4、 Pay attention to the selection method.
There are different ways to make a will, such as notarized will, self written will, written will, oral will, recording will, etc. There are different requirements in various ways, and the inheritance law has general provisions. However, the specific requirements are difficult for non legal professionals to fully grasp. Several methods have different functions and characteristics. Notarized will is the most effective and standard. In the case of multiple wills at the same time, notarized will is a will with legal effect. After the death of the old man, it can take effect directly in the real estate department and other places. However, other forms of wills can not be directly effective, which requires the heirs to adduce additional evidence. The procedure used is troublesome and prone to disputes. Besides, the current charging standard for notarization of wills is generally less than 300 yuan, which is economical and practical.
5、 The content is legal and perfect.
The contents of the will shall be in accordance with the provisions of the inheritance law, the contents shall be perfect, the wording shall be concise and accurate, and the writing or printing shall be clear. The contents of the will should avoid the following mistakes: disposing other people's property, such as disposing the share of property belonging to the wife in the property shared with the wife; depriving the heirs of the inheritance rights of those who have no ability to work and no source of livelihood (such as minors, disabled children, etc.); involving other things than property. The content should be improved, including the status of the testator and the heir, the disposition of the property (such as the location of the house, the area, etc.) and the date of conclusion. The wording should not be vague, to avoid such vague language as "XX property left to XX son to live in". The writing or printing shall be clear and shall not be altered.
6、 Keep it confidential.
After the old man makes a will, the contents of the will shall be kept confidential, and the will shall be kept properly to prevent loss or tampering by others. There are often such things in life. Some children, after learning the contents of the old man's will or will, find the old man or other brothers and sisters to make trouble because they are not the heirs in the will or their share of inheritance is less, so that the old man is forced to modify the will many times, causing great physical and mental damage to the old man. Therefore, it is necessary for the old man to keep his will secret and hand over the letter of will to the heir in due time.