Lawyers from Shanghai Nuo Di Law Firm tell you how to make a Will

 2018-08-01  130


In Shanghai, there are several wills made in different forms every day. Among them, the most common will is one witnessed by lawyers of Shanghai law firm, which attracts many successors and testators with its flexibility, convenience and efficiency. Shanghai Nuo Di Law Firm deals with hundreds of testamentary witness business for domestic and foreign parties every year. Summing up years of experience, we have sorted out the following six points of witness of will for your reference.

I. The testator must have full capacity of action. The General Principles of China's Civil Law stipulates that adults over the age of 18 who have civil rights have full capacity for civil conduct and can conduct civil activities independently are persons with full capacity for civil conduct. Citizens over the age of 16 and under the age of 18 who take their income from work as their main source of income shall also be regarded as persons with full capacity for civil conduct.

II. The testator must be able to express his will correctly. That is to say, he/she can express his/her will clearly and correctly, and there is no ambiguous consciousness.

III. For heirs who have no source of income and are unable to work, their share of inheritance should be retained.

IV. The testator can only handle his own personal property, and the part that involves that other than his/her own, such as the common property of the family, shall be deemed invalid.

V. A law firm must be authorized by the testator in writing by signing a written entrustment contract.

VI. The practicing lawyers of a law firm have no interest in the testamentary witness.

VII. The lawyers shall carefully examine the parties’ qualifications, property status, marital status, scope of will, etc.

VIII. The witness must be done by two practising lawyers, one of whom shall write or type the will on-site for the testator.