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Testament and testament, testament is more legal.
1. Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint an executor.
A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.
Citizens may make a will to donate their personal property to a person other than the state, the collective, or the legal heirs.2. [Form of Will] A notarized will shall be handled by the testator through a notary public.
The self-written will shall be written and signed by the testator, indicating the year, month and day.
A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.
A will made in the form of a recording shall be witnessed by two or more witnesses.
The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.
3. [Testamentary Witness] The following persons cannot be a testamentary witness:
1) Persons with incapacity or limited capacity;
2) heirs and legatees;
3) Persons who have an interest in heirs or legatees.
4. [Provisions on Special Reservations] The will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood.
5. [Invalidity of Wills] A will made by an incapacitated person or a person with limited capacity is invalid.
The will must express the true intention of the testator, and the will made under duress or deception is invalid.
A forged will is invalid.
If the will is tampered with, the tampered content is invalid.
6. If the above conditions are met, the will will be valid and protected by law;
7. The "Inheritance Law" and the "Opinions on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China" have a detailed description of the validity of the will, and it is recommended to refer to it.
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Needless to ask, it must be a suicide note, and you have to pay attention to evidence when investigating a case, even if you see someone kill someone with your own eyes, do you have no real evidence to be useful? Even in ancient times, food was needed to confirm it. Anyone can make up verbal things, what's the use.
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In ancient times, there was no way to verify what was more prestigious.
In today's society, it will definitely be a suicide note. After all, it's black and white. However, if the family property is so large that a suicide note is required, then it will generally be done in front of a lawyer, because there is a third-party witness. And it is better to take it for justice, and thus produce legal effect.
After all, there is no basis ...... words
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A suicide note, of course, is more effective than a testament, although the testament is the latest. This is also the case in our law.
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Legal Analysis: A will has legal effect, but a valid will must meet the following conditions:
1. The testator has testamentary capacity;
2. The will is the true expression of the testator's intentions;
3. The content of the will is legitimate;
4. The form of the will meets the requirements of the law.
Legal basis: Civil Code of the People's Republic of China
Article 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor. A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.
A natural person may establish a testamentary trust in accordance with the law.
Article 1134: A self-written will is to be written and signed by the testator himself, indicating the year, month, and day.
Article 1135:A will written on behalf of the testator shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, the scrivener, and other witnesses shall sign it, indicating the year, month, and day.
Article 1137:A will made in the form of an audio or video recording shall have two or more witnesses present to witness it. The testator and witnesses shall record their name or likeness, as well as the year, month, and day in the audio or video recording.
Article 1138: The testator may make an oral will under critical circumstances. An oral will should be witnessed by two or more witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of an audio or video recording, the oral will made is invalid.
Article 1139: Notarized wills are to be handled by the testator through a notary public.
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