Companion increases as the aggravate with aged population and fortune,
Remove issue because of belongings to prevent children,
Also accede in the future to reduce children the trival formalities of belongings,
More and more old people choose to establish next wills before one's death.
However, according to interconnected system of top people court,
The bequest that tries in the whole nation accedes among the case,
The will is affirmed to disable occupy 60% .
Want to establish an effective will, not be a comfortable thing it seems that. Do not know legal knowledge. Bring about a will easily to disable.
"A lot of people think, if oneself are written, it is Youjianzhengren, clear to have autograph, content palpability makes a will, even the old person downloads will model for painting on the net, , copy according to copy out next. But actually, the will has rigid format and book to write a standard. The will has rigid format and book to write a standard..
Wang Haiyan of solicitor of office of Qi Lu's attorney introduces.
In the old person keeps a process in the book, can use " after I go " or " my be dead " , but actually these two views do not represent death. And legal provision, acceding happen after death, this kind of expression often is decided to disable.
Wang Xinliang of director of office of Shandong Xin Liang's attorney ever encountered a case. Have grandson when the aunt is alive testate, content is: "Hundred years later, the is located in such-and-such ground house property that its own leaves an eldest son to live. " the true means of the old person wants to leave an eldest son the room, but after 2 sons see this will, ask to accede to forensic to lodge a complaint however this house property, forensic terminal decision should cover house property old and second one person half.
The eldest son of the old person comes round to seek advice, he thinks he has a will not should play away lawsuit.
"We explain: Because knowledge of old person law is defective,be. Ruin the effect by adding sth superfluous was added ' live ' 2 words, this lets testamentary meaning became the living authority of this building to leave the eldest child, droit did not decide however, 2 sons according to is legal and so successive to lodge a complaint wins the lawsuit. 2 sons according to is legal and so successive to lodge a complaint wins the lawsuit..
"The will is very professional law copy clerk. "The will is very professional law copy clerk..
Qi Lu notarization is in greffier to say at Chao Yong, a lot of people think to make a will by accident is very simple thing, make a will actually the demand is very high, make a will if the person does not know legal knowledge, bring about a will very easily to disable.
"Testamentary core is very simple, tell the thing that is oneself to who want popularly, but ' thing ' and ' person ' should have uniqueness etc, will ability is effective. Will ability is effective..
At Chao Yong citing says, want to leave oneself children a computer, it is which computer so. After the message such as date of brand, configuration, size, birth is clear, ability won't produce different meanings.
Deal with by oneself house property of husband and wife, will part is invalid
"Bring about a will to disable, still go out to go up in will content, will person punish oneself have no right the belongings of punish. Will person punish oneself have no right the belongings of punish..
Wang Haiyan says, inheritance act sets, will cannot punish country, collective or the belongings of other. If punish belong to have no right punish, punish is invalid.
Recently, ms. Zhou of many years old 50 is facing an irritated worry. The father of Ms. Zhou dies early. Left the one flatlet that lives together with the mother to produce only. The mother is faced before dying, made a will to give an eldest son house property entirely, caused 2 daughters Ms. Zhou and other the dissatisfaction of two children. Taking this question, ms. Zhou seeks advice from Shang Minghui of solicitor of office of Shandong Xin Liang's attorney, preparation litigates. The lawyer expresses, this will is invalid.
Basis " inheritance act " regulation, the citizen can make a will punish personal property. And " marriage law " regulation, husband and wife puts add in marital relation during the belongings of earning, gui Fu wife is collective and all. Accordingly, the house property that involves in the will is Ms. Zhou father and mother during marriage earning, belong to husband and wife to share belongings, and the worth share that dealt with to belong to father however in the will, because this should be belonged to,disable.
"After father dies, of house property 50% be a mother, remain 50% allocate on average by mother and 4 children, according to everybody 1/5 undertake legal and successive, the mother cannot deal with at will this 50% , but can the eldest son of 50% deal out oneself. But can the eldest son of 50% deal out oneself..
At the circumstance that disables toward part of brave citing will, an old person should allocate two flatlet to produce, very clear to be being written when the first house property allocation, the case of house property, children is very clear, but the 2nd house property indicates by " the second " will accede, so, this " the second " who be, it is the son is medium " the second " , of the daughter " the second " , in all still children " the second " ? Show era is unidentified. This is " the part is invalid " will.
During the head straightens, offer as a gift from the book, unconsciousness dying words is hard maintain
Mother of small the Song Dynasty dies early, father under one's name has two flatlet to produce, xiaosong's little brother and father live jointly. After father dies, the little brother takes out a father from book will, writing is clear askew, but can seeing is father handwriting, inscribe has father to sign with fingerprint. However the doubt that this will posed Xiaosong and elder sister however, did a court of justice.
On the court, through handwriting appraisal, the will kisses holograph write in one's own hand for small Song Fu truly, father of that paragraph of time has gotten date of will of Dan Xiaosong quote cerebral block, unconsciousness clear, the true meaning that this will is not him father. Through judicial qualitative testimony, acknowledged this fact. Final court adjudges a will to disable, by legal and successive break up bequest.
"According to legal provision, make a will the person must be person of completely civil action, namely mental psychology respect must normal health, be made a will otherwise invalid. Be made a will otherwise invalid..
Wang Haiyan of solicitor of office of Qi Lu's attorney expresses.
Our country " inheritance act " at going up 80 time make the century, suffer technical place to be restricted, did not set the will that print, set among them, the will has notarial will, from book will, allograph will, recording will, oral will 5 kinds of forms, progress as science and technology, the will that print or the life that will walk into people.
Will submit to this year in September the civil code law that the 5th times the conference discusses standing committee of National People's Congress of 13 whole nations makes up draft each minutes in, increased to print, the new will form such as kinescope, yu Chaoyong thinks, one kind this is pair of economic society progress is complied with. Draft stipulates the will that print ought to have two witness attendant testimony, and make a will person and eyewitness ought to keep date in the autograph on every page. Establish of this one regulation the testamentary that print is lawful quality, also made sure the testamentary that print is rigorous at the same time quality.
Actually, will more resembling is the last commitment that you make to life, do not escape, should learn to let this " acceptance " more firm! Write a will to be in jural have 5 kinds of kind, we say 3 kinds of next commonly used way first today.
Summary rises is 3 Zhang Tu ↓
This shows, from book will sex of law of the most convenient, notarial will is stronger, when making a will, answer preferential adopt these two kinds. Want will become effective, besides formal important document, still have important condition of a few essence you should know ↓
