As people law consciousness rise, the will inherits dispute is increasing, and dispute appears below invalid testamentary circumstance mostly. Invalid will is to point to conclude the will is lawbreaking regulation, bring about its cannot the will of become effective. The element that brings about a will to disable has a lot of, what does so common invalid will have?
Law girl netizen seeks advice:
Make a will must want oneself to write, what requirement should effective will satisfy?
Wang Tao's lawyer solves:
1, notarial will. Namely the will that will person deals with via the notary organization. This is the strictest will means, also be a kind of will with legal highest effectiveness.
2, from book will. By make a will to him person is written and sign, the will that makes clear date.
3, allograph will. It is normally have to below the circumstance that will person won't write or cannot write due to illness and do it. The will that writes to assure scrivener is the true meaning of will person really, reduce issue, should by the eyewitness of 2 people above attendant testimony, by among them one person allograph, note next year, month, day, it is by other and allograph person, attendant eyewitness and will person on allograph will autograph.
4, recording will. Be forged easily because of recording will and editing and rearrangement, accordingly, law sets the will that stands with recording form, ought to have two above witness attendant testimony, in order to prove testamentary authenticity.
5, oral will. Oral will relies on eyewitness completely to state a proof, extremely incidental dispute. Because this law stipulates will person can be only below critical condition,ability can establish oral will, and must have 2 above witness attendant testimony. After critical condition removes, will person can be used written or recording form makes a will, ought to make a will with written form or recording form, what stand oral will to disable.
Wang Tao's lawyer is compensatory:
Will content is not to make a will the person is real denotive case basically has the meaning the following kinds:
1, when will person makes a will, suffer threatening, get deceit or mind not clear;
2, bogus will;
3, the will content that is distorted.
If make a will,give its off the rails target belongings allocation (common weighs a lover) . Because this kind of will violated a society public interest, violated convention of public order fine, should be maintained to be invalid.
Epilogue of Wang Tao's lawyer: Specific say, if will person does not have autograph, the sign one's name that allograph will perhaps lacks person of will person, eyewitness, allograph without the eyewitness of two above is waited a moment. Because these wills violated the legal order that must abide by, the form is illegimate, do not have the requirement that the will establishs, ought to will from only then invalid.
