The testamentary and witness must be normal and sound. A person who is mentally or mentally incapable is a person who is incapacitated or has limited capacity. Therefore, he or she shall not be a testamentary or witness.
A will and witness must be a person who can understand the content of the will and the language used in the will. Under normal circumstances, a person who is blind, illiterate, and unaware of the language used in a will cannot be a proxy or witness for that will.
(2) The writer and witness of the will shall be persons who have no interest in inheriting the inheritance. The heir, the beneficiary, and those who have an interest in the heir and the beneficiary, because they have a close interest in inheriting the deceased s estate, cannot be used as testamentary witnesses or witnesses.
According to the provisions of China s Inheritance Law , a written testament is also a form of a will, that is, a testament can be written by others. The proxy testament should meet the following conditions:
1. The testament describes the content of the will, and the witness writes the will instead of the testator. A testament will is not a testament created by the writer in accordance with his or her will, but a proxy written in accordance with the will of the testator, and truthfully records the content of the will in the testament, without any changes or amendments to the content of the will.
2. A proxy testament must have more than two witnesses present, one of whom can be a proxy. Witnesses are generally citizens who have been appointed by the testator and have their consent, and cannot be witnesses in the name of the organization. The requirement of the succession law on the number of witnesses is mainly to ensure that the proxy testament is indeed an expression of the true will of the testator, and also to prevent future disputes over the validity of the will.
3. The nominee, witness and testator must sign the will and indicate the year, month, and day. The written testament shall be verified by other witnesses and read to the testator on the spot. After the testator determines that it is correct, it shall be signed by the proxy, other witnesses and the testator, and the date shall be specified. Three or more witnesses were present, and it was better to sign the will, but at least they had to guarantee their signatures. The writer, witness , and testator must sign in person, and do not allow others to sign on their behalf.
4. The testamentary should have full capacity for civil conduct, not a minor or a mentally or mentally impaired person. The testamentary must not be an heir, a beneficiary, or a person with an interest in the heir. Because heirs and beneficiaries directly participate in the inheritance, they have a direct and significant interest in inheritance. If they are appointed as testamentary of the will, they will inevitably falsify and harm the interests of other heirs. They will even tamper with the will, distort the will, Increasing or reducing the content of a will will cause damage to the interests of other heirs. Even as the heir and beneficiary of the testamentary, there is no malice and no fraudulent profits, but because of his special status, it will inevitably cause suspicion and unnecessary disputes . Therefore, heirs, beneficiaries and persons with whom he has an interest cannot be a testamentary.
The person who wrote the testament will not be able to find it casually. It must meet the relevant requirements.