The problem below summary advocate the question is crucial:
1, how does old people make a will to just have legal effectiveness? -- the will is effective important document.
2, old people stands after leaving a will, if do not have notarization to be in notarization to pass, still have legal effectiveness? -- if accord with effective important document, effective.
The lawyer solves:1, will tell from legal angle, the will can divide for: From book will, allograph will, notarial will, oral will, recording will.
From book will: Make a will him person is written in one's own handwriting, autograph, note next year, month, day.
Allograph will: By make a will the person dictates, other allograph, the witness that has two above is attendant testimony, among them person of one factitious allograph, after allograph, be in the will of allograph make a will read out is not had before the person by accident hind, via making a will the person is approbated, note next year, month, day. Make a will by support of the people of allograph person, other testimony person autograph.
Notarial will: Make a will the person deals with notarization to spot of local notary organization.
Oral will: Establish below critical condition, eyewitness is attendant testimony. After critical condition removes, if can be used written or recording form makes a will, the oral will that establishs is invalid.
Recording will: Narrate by will population, become via recording transcribe, eyewitness is attendant. This is not quite common, special be in a country.
2, what kind of will just has legal effectiveness?
We differ according to the form, look respectively.
Above all, we are clear is, no matter which are planted of the form, make a will the person must be person of complete conduct competence, must want to have sober consciousness, must be oneself true meaning expresses, the lawful belongings that stated content must be him punish is busy must not violate social morals.
From book will the most crucial part depends on, (1) sign, do not approve the affix one's seal, way that presses fingerprint; (2) date, must want to make clear.
The part with allograph the most crucial dying words depends on, eyewitness.
The part with oral the most crucial dying words depends on, critical hour.
In the will of 5 kinds of legal forms, effectiveness of notarial testamentary law is highest. Other the will of 4 kinds of forms, no matter its are established time time, do not get will of notarization of cancel, change. Without notarial testamentary, the others 4 kinds of wills no matter form, uniform the will that stands with last place is accurate.
3, after the important document with the effective will that understood above, we know, no matter pass what kind of form to make a will, want to accord with effective important document only, it is effective, just the will after notarization, legal effectiveness is highest. The will has dealt with notarization, then it can be checked in notarial writ net of the whole nation. Change the name of owner in a register of similar to sequel building is waited a moment, have advantage.
