1, the distribution of property before death can only be regarded as a general gift, which is subject to relevant laws;
2. However, there are special circumstances. If the other party donates real estate such as real estate, the property right of the real estate will not be transferred until the registration is completed, so the other party can cancel the gift at any time. At this time, the property becomes the legacy of the other party after his death, and the transfer of property rights needs to be completed through will or legal inheritance.
Will has the following five forms:
1, notarized will. That is, the testator notarizes his will behavior and contents to the notary office;
2. Make your own will. That is, the will written by the testator, the testator must sign, and pay attention to the year, month and day;
Step 3 write a will. That is, the testator entrusts others to write a will. A proxy will shall have two or more witnesses, one of whom is the agent, indicating the year, month and day, and shall be signed by the agent, other witnesses and the testator. The witness shall not be the heir determined by the will;
4. record the will. That is, the testator determines the content of his will by means of audio or video recording. A recorded will, like a will written by an agent, requires the presence of more than two witnesses, who should record and video. After that, the contents of the audio and video recordings shall be sealed and sealed by witnesses and testators;
5. Oral will. That is, when the testator writes, records or notarizes unconditionally in an emergency, he makes a will orally. An oral will shall be witnessed by two or more witnesses. After the emergency is lifted, if the testator can make a will in written or recorded form, the oral will made is invalid.
Legal basis: Article 133 of the Civil Code of People's Republic of China (PRC).
A natural person may make a will and dispose of personal property in accordance with the provisions of this law, and may appoint 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 donate 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 134
The prescribed forms of wills include notarized wills, oral wills, recorded wills and written wills. In addition to signing and sealing, indicating the year, month and day, oral wills, recorded wills and written wills must be witnessed by two or more people who have no direct interest in the heirs and legatees, and written wills must be signed and sealed to have legal effect.