In order to arrange the affairs properly, the old man naturally has to make a will as soon as possible; The accident itself is unpredictable. In order to avoid accidents, you can make a will before and after you get the property with greater value. Of course, you can also hedge against unexpected risks through insurance.

In other cases, such as when and how young people intend to make a will?

Be prepared for danger in times of peace. -"Zuo Zhuan Xiang Gong Eleven Years"

Writing in front-the basic knowledge reserve before making a will

1. What property do you own as an inheritance?

According to Article 122 of the Civil Law of People's Republic of China (PRC) and Article 3 of the Inheritance Law of People's Republic of China (PRC), an inheritance is the personal legal property left by a citizen when he dies. Specifically including:

Citizens' income; (2) Houses, savings and daily necessities of citizens;

(3) Citizens' trees, livestock and poultry; (4) Cultural relics, books and materials of citizens;

(five) the means of production that the law allows citizens to own; (six) the property rights in the copyright and patent rights of citizens;

(7) Other lawful properties of citizens.

As for those social media accounts such as WeChat and game accounts such as pesticides-from the specific regulations of operators, we do not enjoy ownership. In one of my articles, I talked about the inheritance of virtual property in detail.

Special reminder: for married people, most of the property may belong to the joint property of husband and wife or involve the rights and interests of spouses, so when it is disposed of as an inheritance, the rights and interests enjoyed by the living spouse will be divided first.

2. Who do you want to give these properties to?

Of course, in principle, you can leave your legal property to anyone. If it is left to the heir, it is a will. Leaving it to the non-heir is the inheritance. Of course, these two kinds don't need to be written separately, and they are different.

3. If you don't make a will, who will own the property?

Without a will, it is inherited according to law, and only the legal heirs can get the inheritance. If there are parents, spouses and children (the first heir), they all participate in the inheritance. Under normal circumstances, the inheritance is evenly distributed. If there are no such people or these people give up inheritance and lose the right of inheritance, the brothers and sisters, grandparents and grandparents (second-in-order heirs) will take the upper position and be inherited by them. Generally speaking, it will be evenly distributed.

Therefore, if you intend to let non-heirs get inheritance, or let some heirs get more inheritance, wills or bequests are indispensable tools. Specifically, we can set up wills in different ways under different circumstances.

Testament Environment and Choice of Testament Form

1, security environment

At this time, except for oral wills, other wills that conform to the provisions of the inheritance law can be made.

(1) Make your own will

The simplest way to make a will, as the name implies, is to write it yourself, without witnesses or specific circumstances.

However, it should be noted that the content must be handwritten by yourself. After the implementation of the Civil Code, a clear distinction is made between printing wills and writing wills, and printing wills is not called writing wills. Be sure to sign and write the complete date. The date of signature must be complete. If the date stipulated in Beijing is incomplete, it will not be directly recognized. Recently, a case written as "2065438+March 2006" was found to be invalid.

(2) Wills on behalf of books

In practice, it is also a common way to make a will: find two people, one is a book, the other is a witness all the time, and finally the testator, the representative of the book and the witness sign and write the date.

Note: the two people you are looking for need to have no interest in the heir. According to the law, creditors, debtors and partners of the same enterprise have an interest in the successor. In practice, an agent ad litem who has seen an heir write a will is deemed invalid, and the lawyer of the heir should withdraw!

(3) Print the will

It is more and more common that before the provisions of the Civil Code, self-printed wills were examined according to the requirements of self-written wills, and the testator was required to make them himself. The will printed by others is reviewed according to the requirements of the will document, which requires strict witness procedures. After the new regulations, printing wills requires two witnesses to witness the whole process, and each page must be signed and dated by the testator and witnesses. There is no specific case experience at present.

(4) Audio and video recording will

Previously, only recorded wills were stipulated, and video wills were added to the Civil Code, requiring two witnesses to appear in the audio and video recording: the testator and the witness must identify themselves in the audio and video recording, record their names and dates, and show their faces in the video recording.

(5) Notarization of wills

Once the king of wills, once the most effective form of wills: if different wills conflict, the notarized will shall prevail, and the notarized will needs to be notarized again. After the Civil Code is re-stipulated, this kind of treatment no longer exists. However, under the condition of not deleting this form of will, citizens can still go to the notary office to notarize their wills, and the notary office will have a whole set of procedures. But then again, if you can change the notarized will by writing one at home now, why spend that money?

Conclusion: If you don't want anyone to participate in the making of the will, you can write your own will or record it yourself as supplementary evidence. If you plan to find two witnesses, you can sign a letter, record or print a will.

2. Emergency environment

If you are still able to make the above will at this time, it is of course best. If not, you can make an oral will according to the regulations at this time, but you need two witnesses, otherwise who knows …

At present, in the cases encountered, the will made by the ward is also a proxy will, and no oral will has been encountered. It is suggested that if there are no two people in an emergency, they should record and video themselves first (although it can't be used as a will, it can reflect the will of the testator to dispose of the property as an auxiliary voucher); If we can find two witnesses in an emergency, ...

Then don't let them listen to your verbal wishes.

Turn on your mobile phone and make an audio-visual will together!