For rich families, making a will is a familiar thing. Because there are too many properties, it is often necessary to make a will. According to statistics, at present, the testator tends to be younger. What is the trend of making a will younger? What are the conditions for making a will?
What is the trend of younger age in making a will? What are the conditions for making a will
Making a will is still a distant thing for people in their prime of life like us. Generally speaking, it is the dying old people who will make a will. People who live well and talk about making a will always feel very unlucky and unlucky. However, with the change of the times, making wills also gradually presents a trend of youth, and the young people after 95 have begun to make wills.
Yesterday morning, Zhonghua wills Bank held a press conference for the sixth anniversary, released the white paper of Zhonghua wills Bank (2018) (hereinafter referred to as the "white paper") to the public, and analyzed the data of more than 120000 wills in its custody. The white paper shows that in recent years, the making of wills presents many characteristics, such as the younger the testator, the increasing number of remarried families making wills, and the increasingly diversified property involved in wills.
Age tends to be younger
According to the white paper, in 2013, the average age of the testator was 77.43, and in 2018, the average age dropped to 71.26. In this regard, Chen Kai, director of the Management Committee of the China wills bank, believes that the first is the change in concept. The idea of making wills has gradually become popular, and more and more people tend to make wills as soon as possible.
Second, the Chinese wills bank has some requirements on the physical conditions of the testators. Many elderly people who want to make wills but do not meet the physical conditions can not make wills in the Chinese wills bank. Under the superposition of these factors, the average age of the testators has a downward trend.
Chen Kai said that in order to ensure the validity of the will, the Zhonghua wills bank has made the authenticity of the will impeccable by means of audio and video recording, fingerprint collection, face recognition, on-site witness, file filing and judicial filing. Therefore, testators need to have the ability of listening, speaking, reading and writing. Many elderly people may not be able to go through the will registration system because they are older, although they have clear consciousness, but their eyesight, hearing and writing ability are limited. As a result, many elderly people can not normally handle the will registration. Therefore, Chen Kai suggested that making a will should be made as early as possible.
What are the conditions for making a will?
1. The testator must have full capacity for civil conduct. A will made by a person without civil capacity is still invalid even if he later has capacity. The testator has the capacity to act when he makes a will, but later loses the capacity, which does not affect the validity of the will. "Adults with physical defects such as deafness, muteness and blindness, but without mental illness, have complete capacity, so they can also make wills.
2. The will made by the testator must be the expression of his true intention. The untrue expression of will is embodied in the following situations:
(1) A will made by coercing the testator;
(2) Deceiving the will made by the testator;
(3) A will forged by an intestate;
(4) A tampered will;
(5) A will made by a testator in a state of unconsciousness. A will must express the true will of the testator. A will made under duress or deception is invalid. A forged will is void. If a will is tampered with, the tampered content shall be invalid.
3. The testator must have the right to dispose of the property. In real life, it is common for the husband to dispose of all the couple's property without his wife's consent when he makes a will. If the property disposed of by the will is lost or partially lost before the start of inheritance, or if the ownership is transferred or partially transferred, the will is regarded as revoked or partially revoked.
4. The content of the will must be legal. There are mainly three cases of illegal Wills: (1) the will cancels the inheritance right of the heirs who lack the ability to work and have no source of livelihood. (2) The will does not reserve the necessary share of inheritance for the fetus. (3) The contents of the will violate other laws.
5. The form of the will must be legal. It can be in the form of notarization, self written, proxy, recording, oral and so on.