In the life, often only a person wanted to die to just can think of to want make a will, and the thing that compatriots all through the ages feels making a will is an unlucky, be in healthy when basically won't consider.
But the month has Yin Qing circle to be short of, the person has unexpected good or bad fortune, some things, because feel unlucky does not go,cannot do, make a will such thing, it is certain to going up age hind no matter the body is hale, should begin to begin.
Some people feel to make a will very simple, it is clear to should be written only how should be bequest broken up, break up what person, announce to moment it is OK to come out. Actually otherwise, some moment, the will has been written also not likely will be effective, a will is effective be to need to satisfy a few postulate.
Write to everybody introduction below when making a will, should noticing what condition is must.
1, will person must want to have capacity of completely civil action
The competence of completely civil action here, it is to point to a citizen year full 18 one full year of life and spirit is healthy, the independent act that can pass oneself has any civil activities.
Law sets related our country: "There must be behavior capacity when will person makes a will. Without the will that the person place of civil action competence establishs, although its oneself had behavior capacity later, still belong to invalid will. Will person makes a will from time to tome conduct competence, lost behavior ability later, do not affect testamentary effectiveness. Do not affect testamentary effectiveness..
Notable is, have the adult of deformity to a few bodies, disease of short of spirit, the will that stand is effective.
2, will content must true and authentic
A will included OK and successive belongings and personnel list, common saying says " the bird dies to feed, factitious money is dead " fall in the drive of the interest, the will can appear possibly the circumstance with truthless information, may appear generally speaking the following kinds of circumstances:
(1) will person is coerced establish next mixing original idea not the will of conform to
(2) adopt a few shocking measures, cheat the affection of will person, let its make a will
(3) will person has not enough time to make a will to die, the will that is forged to go out by someone else
(4) some words and expressions in carrying modification will, change testamentary content
(5) will person contracts invigorative disease, in the will that its establish when occurrence drive problem
Above at 5 o'clock, it is the circumstance with a few common will truthless content, according to our country " inheritance act " relevant provision: "The will must express the true meaning of will person, suffer the will that threatening, deceit establishs to disable. Bogus will is invalid. The will is distorted, the content that distort is invalid. The content that distort is invalid..
To do not appear afore-mentioned problems, proposal in advance makes a will, had better have relevant witness, lest appear problem.
3, will content must abide by relevant law laws and regulations, disable otherwise
Although be individual behavior,make a will, but the ability below the premise that content is abiding by relevant law laws and regulations is effective, general illegimate will content has the following:
(1) in will content, the heir that will lose labor ability to lack source of income cancels successive qualification, such content won't get legal support.
(2) the bequest with fetal necessary reservation was in the will successive portion
(3) bequest content violated other legal regulations
4, will person cannot have the property that counterpoises without punish breaking up
The cession that authority of so called punish included pair of capital fund, consumption, sell, seal up for keeping the relevant right such as processing. In some wills, can see one party of husband and wife be in when making a will, not via another agree with respect to punish common property of husband and wife, such will content are invalid, because of common property of husband and wife, do not agree via both sides, one-sided has no right to have disciplinary action.
Law has a regulation related our country: "The behavior before will life and testamentary meaning express contrary, and make the belongings of will punish is in successive before beginning, destroy break, the part destroys break or of droit move, share move, the will regards as by cancel or partial cancel. " because of this common property to husband and wife, must ask for those who get both sides to agree with ability to be written into the will to undertake bequest break up.
5, testamentary form must lawful
The form that make a will is very much, have notarial will generally speaking, wait for a form from book will, allograph will, recording will, oral will, notarial will passes notarization, it is the most reliable, won't appear normally what problem. To the will of other form, must notice date, with eyewitness, and autograph and fingerprint.
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