In recent years, there has been an increasing number of young people making wills. Recently, the official WeChat of the Nantong Intermediate People's Court introduced a case of inheritance of a young man who made a will that was not standardized enough, which eventually led to the invalidity of his will leaving his property to his grandfather and grandmother. This case has raised questions from some netizens. In this regard, Judge Cao of the First Chamber of the People's Court said that according to the Civil Code, the rights and interests of the two elderly people can be effectively protected, and also reminded the public to pay attention to meeting the legal requirements when making a will. Correspondent Gu Lin Yangtze Evening News/Purple Cow News Reporter Wan Chengyuan
Why is this will invalid? The Civil Code clearly stipulates
In this case, Mr. Li was in his early 30s and unmarried and single because his father died in a traffic accident when he was a child. After his mother remarried, he was raised by his grandfather and grandmother, and the last two old men were elderly and raised by Mr. Li. During a medical examination, Mr. Li was diagnosed with cancer and decided to make a will. He printed on A4 paper "After I die, all my property will be owned by grandpa and grandma", stamped a private seal on the paper, signed his name, and wrote down the specific date. Later, Mr. Li died of cancer. Mr. Li's mother considered herself the legal first-order heir and demanded a share of the estate. The court pointed out under articles 1134 and 1136 of the Civil Code that Mr. Li's will had no legal effect and was an invalid will.
This case caused some netizens to ask: Mr. Li made a will according to his will, why is it invalid?
To this end, the Yangtze Evening News reporter interviewed Judge Cao of the First Civil Division of the Nantong Intermediate People's Court. She told reporters that Article 1134 of the Civil Code stipulates that a self-written will shall be written and signed by the testator, indicating the year, month and day. Section 1136 stipulates that a printed will shall be witnessed by the presence of more than two witnesses. The testator and witnesses shall sign each page of the will, indicating the year, month and date.
Compared with the requirements of a will, Mr. Li's will falls under the category of printing a will. Therefore, according to the above provisions of the Civil Code, the validity of this will cannot be guaranteed without the witness and signature of the witness, and it is an invalid will.
The elderly are guaranteed and the mother loses her inheritance rights if she constitutes abandonment
In this case, can Mr. Li's grandfather and grandmother get their due return for their efforts in raising their grandchildren, and can the old lives of the two elderly people be guaranteed? Judge Cao said the answer was yes.
Judge Cao told reporters that Article 1131 of the Civil Code stipulates that persons other than heirs who rely on the decedent's support, or those who support the decedent more than the heir, may be given appropriate inheritance. This provision gives a person who has more support for the decedent the right to share the inheritance as appropriate, and also reflects the principle of consistency of rights and obligations.
"On the one hand, Mr. Li's grandfather and grandmother cannot inherit the estate as heirs because they are not the first heirs, but according to the above provisions of the Civil Code, the inheritance can be appropriately divided to meet their basic living needs, which is also in line with the decedent's wishes before his death and is conducive to protecting their relevant rights and interests." Judge Cao said that on the other hand, Mr. Li's grandfather and grandmother fulfilled more maintenance obligations when they were young, and they could share appropriate inheritances that matched more support, which also reflected the law's affirmation and encouragement of traditional virtues such as supporting the elderly and helping the disabled.
It should be noted that if Mr. Li's mother is found to constitute abandonment of Mr. Li, then his mother will lose the inheritance rights under the Civil Code. In this case, the grandfather and grandmother who are the second in line to the throne can obtain the right of inheritance.
The judge reminded that these issues need to be taken into account when making a will
Judge Cao introduced that, first of all, according to the provisions of the Civil Code, when printing wills, surrogate wills, audio and video wills and testators making oral wills in critical circumstances, more than two witnesses are required to be present to witness. As for the conditions for testamentary witnesses, Article 1140 of the Civil Code clarifies that persons without civil capacity, persons with limited civil capacity, and other persons who do not have the capacity to witness; heirs, legatees; No one with an interest in the heirs or legatees can be witnesses to the will.
Secondly, according to the provisions of the Civil Code, whether it is a printed will or a self-written will, the testator's personal signature is required. Judge Cao reminded that it should be noted that the signature requirements for printing a will are more stringent, requiring the testator and two or more witnesses to sign each page of the will, which is often overlooked by the parties. In addition, both forms of will must be fully marked with the year, month and day.