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To the will of the will, insurance?
Wang Yungang lawyer
According to the September 22, 2016, "Modern Express" reported that the Chinese willow library in Jiangsu, the day before the start in Nanjing, and 60 years of age for the elderly free of charge to provide services. The Chinese Testimonials are a public welfare program initiated by the China Aging Care Development Foundation and the Beijing Elderly Health Foundation in Beijing in 2013 to provide free counseling, registration and custody services for the elderly over 60 years of age to help them handle Behind things.
When it comes to a will, it is bound to involve inheritance. In the past, the wealth of the people is limited, the family is not thick, the inheritance problem is not prominent, but after decades of rapid economic development, many people have accumulated rich property, which means that after the death of the heritage is very impressive, Inheritance of the occurrence of disputes correspondingly more and more. To master a certain degree of inheritance of legal knowledge, the individual is necessary for the individual. So what is the form of the inheritance of the inheritance? What forms of will there? The form of the will of the will in the Chinese willows is the form of insurance.
The "Inheritance Law", which came into effect on October 1, 1985, provides for both statutory inheritance and wills (including bequests). Article 5 provides that after the commencement of succession, it shall be handled in accordance with the law. If there is a will, it shall be handled in accordance with the will or bequest; This is the so-called will inherited priority over legal inheritance. The importance of the will comes from this. Of course, the will must be legally valid or else the statutory inheritance is still applicable. Judicial practice, there are many parties to the will of the will of the testamentary succession by the court that the will of the verdict by law to inherit the case.
What are the types of wills? Article 17 of the Inheritance Law stipulates that the notarized will is handled by the testator by the notary office. From the book wills written by the testator, signed, note the next year, month, day. There should be more than two witnesses present witness, by one of them on behalf of the book, note the year, month, day, and by the bookwriter, other witnesses and testimoners signed. In the form of recording of the will, there should be more than two witnesses witnessed the presence. The testator may make an oral will in a critical situation. Oral verbs should have witnessed the presence of two or more witnesses. After the critical situation is removed, the testator can use the written or recorded form of wills, the verbal verdict is invalid. Visible law provides for notarized wills, from the book wills, on behalf of the will, recording wills, oral wills five forms. What is the relationship and effect of these five wills? Article 20 of the Inheritance Law stipulates that the testator may revoke and change his will. There are several wills, content contradictory, with the final wills. From the book, book, recording, verbal will, may not be revoked, change the notarized will. Article 42 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Law on Inheritance Law promulgated on September 11, 1985 stipulates that the testator has a number of wills in different forms, in which there is a notarized will , To the last notarized probation; no notarized will, to the last set of wills shall prevail. This shows the validity of notarized wills the highest. Nanjing Notary Office official said that in recent years to take the initiative to apply for a notarized elderly more and more. The reason is derived from the law for the notary will "preference".
Now talk about the type of wills made in the Chinese wills. May wish to look at a judicial precedent. March 11, 2014, Beijing residents of the city of Chaoyang District, Beijing Chaoyang District People 's Court to sue, according to its grandmother Cai Fengying in Beijing, China' s wills of the test will be inherited under its name in Chaoyang District, a set of property rights room. The hospital found September 6, 2013, Cai Fengying to the Chinese test center for a will to register, said his name is located in Chaoyang District, where some of their own property owned by the grandson Lu a person inherited. December 1, 2013, Cai Fengying died. During the Spring Festival 2014, Lu Mou obtained a copy of the will from his parents (the original is retained in the Chinese test center). Consistent with the defendants did not reach an agreement, March 11, 2014 Lu Mou sued to the court, asked according to Cai Fengying's will inherited the room. The court through the trial that Cai Fengying three times to the Chinese test center on the issue of a will to counseling, signature, registration, registration of the will of the Chinese test center staff in the next witness and full video, the will of the book in line with the form of the elements, Combined with other evidence, the Court for the authenticity of the will and legitimacy to be confirmed. The court decided to support the landlord of the litigation request.
From the point of view of the court, it is clear that the will of the citizens in the Chinese willows belongs to the category of the will of the book, but it is a self-made book by the citizens of the past, because of the introduction of many modern scientific and technological means, with a set of well-designed processes And more complete and fair. Some people will be this will with public welfare, neutrality, convenience to be summarized. Beijing Chaoyang Court adopted Cai Fengying in the library to make a will, reflects the advantages of the will.
But then again, the wills of the will, but also relatively speaking, not absolute insurance. According to the law described above, notarized will is the king of wills, but also the most insurance form of wills.
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