My brother took out his father's will 20 years ago and asked to inherit his ancestral house.

The village community intends to confirm the ancestral house. His younger brother took out his will more than 20 years ago and asked to register under his name according to his will. In this regard, my brother believes that the will is not signed by his father, and it contains multiple loopholes, which does not meet relevant laws and regulations. Recently, the People's Court of Zengcheng District, Guangzhou, made a judgment on the case of inheritance inheritance in the will, and found that the case involved in the contemporary letter was invalid.

Uncle Xu and his wife have been living in the ancestral house in Zengcheng District, Guangzhou, and have two sons and daughters. After Uncle Xu and his wife died one after another, the ancestral house did not divide.

In 2020, the village community where Uncle Xu's ancestral house was located to confirm the house. After hearing the news, the second son, Xu Mouyi, took out a will signed a will signed on June 11, 1999. Wishes during his lifetime, requiring to inherit the ancestral house. Uncle Xu's eldest son Xu Moujia said that he had never seen the will and believed that the will is full of loopholes and could not verify his authenticity. Xu Moujia said that in the wills presented by his brother, the content and the signature of the payment are not written by his father, and the time to witness the death of the village community is difficult to prove that the father's true will, and should not be used as a basis for inheritance.

Sister Xu Bing said that she had heard the will from her mother's mouth, but she had not seen the will.

The three of them failed to negotiate. Xu Moujia complained to the court to the court and asked the court to order the above will not work.

The court was found that the ownership of the house and the homestead was Uncle Xu, and the resumption letter issued by the Guangzhou City Planning and Natural Resources Bureau also confirmed this. Regarding the effectiveness of the case involved in the case, the will of the will. According to the statement of the defendant Xu Mouyi, the content of the will was handwritten by the witness, and the signature of the father's father was signed by the mother. To this end, the case involved in the case was the will.

According to relevant laws and regulations, there should be more than two witnesses to witness the testimony of the agency, which will be signed by one of them to repare the book next year, month, and day. The case involved in the "Will" is unclear, and the scholars' scholarship is not signed, and the signature "Xu Moumou" signed the non -testor signed by himself. To this end, the "Will" does not comply with the laws and regulations. The form of the book will.

To this end, the court's judgment: The "will on June 11, 1999 was invalid. One share.

The parties of the two sides have not appealed, and the case has taken effect.

Explanation: What are the types of legal will?

Li Jinyong, a judge of the Zengcheng Court, pointed out that the inheritance of the will inherited from the legal inheritance refers to the inheritance of the inheritance of the inheritance of the legacy in the legacy of the legitimate and effective will of the inheritance of the inheritance in the inheritance of the inheritance of the inheritance before the inheritance.

The statutory forms of the will are the following: self -book will, book will, printed will, will be made in the form of recording and video, and will be verbally will. The law strictly stipulates the formal requirements of various forms of will, and the will that do not meet the formal requirements are invalid.

The form of will involved in this case is the will of the agency. The will of the book refers to a form of a will to write the content of the will instead of the will of the will instead of the will of the will. Article 1,35 of the "People's Republic of China" stipulates that more than two witnesses should be witnessed by the will of the book on behalf of the book. , Annotate next year, month, day. The above forms are indispensable, otherwise it may lead to the invalidation of the book will.

In Uncle Xu's will, the book agent did not sign, and the testor himself did not sign. For witnesses, first of all, the legal person and illegal organization, as those who are prepared by the law, do not have the ability to perceive them. Therefore, the village committee is a person who does not have witness and cannot be used as a witness; It happened after ordering the will. The description of the will and the inscription on behalf of the book and the witness of the witness occurred at the same time or basically, and the three categories of the testor, the agent, and the witness did not conduct on the same occasion at the same time at the same time on the same occasion at the same time. Establishing a will, does not have the same nature of time and space, and is not a legal and effective witness. In summary, the will of this case does not meet the statutory forms of the form of will. The will is invalid. Uncle Xu's heritage shall be inherited in accordance with the legal and inherited legal regulations.

To this end, the judge reminded that if the testor wants to establish a legitimate and effective will, he must strictly follow the law and meet the essence and form of the will in order to truly realize the "freedom of the will."

Text/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Zengfa announcement/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhuacheng Editor: Peng Wenqiang

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