How to write a self-written will so that it is valid
With the popularization of legal knowledge in society, more and more people are paying attention to the writing of wills to ensure that personal property can be distributed according to their wishes. Self-written wills have become the first choice for many people because of their simplicity and privacy. However, the validity of a self-written will must comply with the legal form and requirements. This article will combine the hot topics and hot content of the past 10 days to provide you with a detailed analysis of how to write an effective self-written will.
1. Legal validity of self-written will
According to Article 1134 of the Civil Code of the People's Republic of China, a self-written will must meet the following conditions:
| Conditions | Specific requirements |
|---|---|
| 1. Written by the testator himself | The full text must be handwritten by the testator himself and cannot be printed or ghostwritten. |
| 2. Signature of the testator | The will must be signed by the testator at the end and cannot be replaced by a seal or fingerprint. |
| 3. Indicate the date | It is necessary to write down the year, month and day when the will was made. Incomplete dates may cause the will to be invalid. |
| 4. Content is legal | The content of the will must not violate laws, regulations or public order and good customs |
2. Frequently Asked Questions about Self-written Wills
In recent hot searches, the controversy over self-written wills mainly focuses on the following aspects:
| question | Case study |
|---|---|
| 1. The will has been tampered with | In a certain case, the heir altered the content of the will, causing the court to rule that the will was invalid. |
| 2. Missing date | An undated will rejected because chronology could not be determined |
| 3. Property distribution is unclear | The will only stated "the property will be divided equally among the children" without specifying the specific property, causing disputes. |
3. How to write an effective self-written will
To avoid the above problems, here are the specific steps for writing a self-written will:
1. Clear title
Write "will" or "self-written will" at the beginning to indicate the nature of the document.
2. Identity information
Write down the testator’s name, ID number, address and other basic information to avoid identity confusion.
3. Property List
List the property name, quantity, location and other information in detail. For example:
| property type | Detailed description |
|---|---|
| real estate | No. XX, XX Road, XX District, XX City, real estate certificate number: XXXX |
| Deposit | XX Bank, account number: XXXX, amount: XX million yuan |
4. Heir information
Clearly specify the heir's name, ID number and relationship with the testator to avoid ambiguity.
5. Signature and date
The end of the will shall be signed by the testator and indicate the specific date on which the will was made.
4. Things to note when writing a self-written will
1. Avoid alterations: If modifications are required, rewrite the document or sign and date the modifications.
2. Keep it safe: Keep your will in a safe place and inform a trusted relative or attorney.
3. Regular updates: If property or family circumstances change, the content of the will should be updated in a timely manner.
5. Conclusion
A self-written will is a simple and effective method of property distribution, but it must comply with legal provisions to be effective. By clarifying the property list, heir information and signature date, disputes can be effectively avoided. It is recommended to consult a professional lawyer before writing to ensure the legality and enforceability of the will.
In recent hot searches, topics such as "will notarization" and "inheritance distribution disputes" have become more popular, reflecting the public's concern about will issues. I hope this article can help you understand the correct way to write a self-written will and provide guarantee for the smooth inheritance of family property.
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