The new provisions of the civil code on wills

The new provisions of the Civil Code on wills are as follows:

1. A will may be made to dispose of personal property in accordance with the provisions of this Law, and an executor may be appointed;

2. You can make a will to designate personal property to be inherited by one or more legal heirs;

3. You can make a will to give personal property to people other than the state, the collective or the legal heir;

4. The notarized will shall be handled by the testator through the notary office, and the self-written will shall be written and signed by the testator, indicating the year, month and day;

5. A will written by proxy shall be witnessed by two or more witnesses, and one of them shall write the book by proxy, indicating the year, month and day, and shall be signed by the proxy, other witnesses and the testator;

6. A will made in the form of audio recording shall be witnessed by more than two witnesses;

7. The testator may make an oral will in case of emergency. An oral will shall be witnessed by two or more witnesses. After the emergency situation is lifted, if the testator can make a will in written or recorded form, the oral will made is invalid;

The following persons cannot be witnesses to the will:

1. Persons with no capacity or with limited capacity;

2. Heirs and legatees;

3. People who are interested in the heirs and legatees.

A legally effective will must meet the following conditions:

1. The testator must have testamentary capacity;

2. The will must be the true meaning of the testator;

3. The contents of the will must be legal;

4. The form of will must meet the requirements stipulated by law.

to sum up, the testator has made many wills in different forms, and the wills with conflicting contents, among which there is a notarized will, shall prevail. If there is no notarized will, the last will shall prevail.

Legal basis:

Article 133 of the Civil Code of the People's Republic of China

A natural person 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 legal heirs.

a natural person may make a will to give personal property to an organization or individual other than the state, the collective or the legal heir.

a natural person may establish a testamentary trust according to law.

Article 1134

A self-written will is written by the testator, signed and marked with the year, month and day.

Article 1135

A will written by proxy shall be witnessed by two or more witnesses, one of whom shall write by proxy, and shall be signed by the testator, the proxy and other witnesses, indicating the year, month and day.

Article 136

A printed will shall be witnessed by two or more witnesses. The testator and the witness shall sign on each page of the will, indicating the year, month and day.

Article 1137

A will made in the form of audio or video recording shall be witnessed by two or more witnesses. The testator and the witness shall record their names or portraits, as well as the year, month and day in audio and video recordings.

Article 1138

A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency situation is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.

Article 139

A notarized will shall be handled by the testator through a notarization institution.

Article 114

The following persons cannot be witnesses to a will:

(1) persons with no capacity for civil conduct, persons with limited capacity for civil conduct and other persons without capacity for witness;

(2) heirs and legatees;

(3) people who are interested in the heirs and legatees.