What forms should be available in the case of the case | printing the will?

The legitimate and valid will can respect the true will of the testor, but also effectively avoid controversy in the heir. In order to conform to the changes in the times and echo the needs of social needs, the Civil Code adds the form of "printing will". So, what forms should be available for effective printing will?

Retrospective

Jin Mou and Zhai's original couple relationship, the two sides had a child after marriage, namely the gold armor, and the two sides divorced. Li Mou was the second wife of Jin. The two sides registered for marriage on March 21, 1996. They raised Li Mou and the daughter -in -law of the ex -husband. Li and Jin divorced on July 30, 2006. Kim's parents died early, and he died on August 9, 2020. Due to the issue of the distribution of Jin, Li, Xiao Wang, and Jin Jia used Jin B as the defendant to a lawsuit to the Huaiyin Court, and requested a division and registering a property under the name of Jin in Huaiyin District.

Jin Ya argued that Li had already divorced Jin and did not have the qualifications of the plaintiff. Jin has clearly denied the inheritance of Xiao Wang in the printed will, and determined the share of the house involved in the case. Jin Yi submitted a printing will made by Jin on May 5, 2020. The will: "... now all the property in my name is all of the following distribution, which is my own voluntary. First, it is located in a place in a place in Huaiyin District. Inherited from the eldest son Jin Jia, 50 % of the property rights and rental income from the second son Jin Y inherited. Second, since the divorce with Li, the little king has no contact with me, and it costs me to raise and educate her. Xiao Wang must not inherit any property in my. Without any coercion and fraud, the above will be voluntarily made for me, which is the expression of my own true meaning. No other relatives or any third party can interfere or oppose the execution of the will. Stay a copy, make a copy of Jin Yi, and witness one, with the same effect. "Jin Mou and the witness Di and Wu Mou signed and fingerprints under each page of will.

When the Huaiyin Court investigated the printed testament witnesses Di and Wu Mou, the two of them called the will of Jinmou's true meaning that Jin Mou was sober when he decided his will.

Li, Xiao Wang, and Jin Jia did not recognize the authenticity of the will. After applying for Jin B, Huaiyin Court entrusted a judicial appraisal center to identify the signature and handprints of the "Kim" in the above will. The later appraisal center issued an appraisal opinion, and the signatures and handprints in the will in the will are written and left by Jin.

Focus

Is Jin Mou's printed will on May 5, 2020 legally valid?

Referee

Comprehensive submitting evidence between the two parties, Huaiyin Court believes that in accordance with Article 15 of the "Supreme People's Court on Application & LT; Several Provisions of the People's Republic of China Code & GT; Time Effective", the effectiveness of the case involved in printing will be applied to the "Civil Code 》 Article 1,36 of Article 136. The case was identified by the case, and the will of the will indeed signs and handprints for Jin himself. Therefore, the printed will meets the form of the formation of the will. At the same time, the two witnesses also expressed the true expression of the will of the will. Jin Mou's printing of the will on May 5, 2020 complied with the provisions of Article 1,36 of the "People's Republic of China", and confirmed that the case was legal and effective in accordance with the law. Li, Xiao Wang, and Jinjia advocated that the will is invalid, but did not prove it with sufficient valid evidence, so they did not support the three of them.

Based on this, Huaiyin Court ruled: The houses located somewhere in Huaiyin District belong to Jinjia and Golden B (Gold Armor accounts for 50%of the share and 50%of the Golden B). A litigation request. After the sentence, Li, Xiao Wang, and Golden Armor appealed. The Jinan Intermediate People's Court made a verdict: rejected the appeal and maintained the original judgment.

Judge

With the development of the times, the will produced in printing has long appeared in trial practice. Printing the will is a new, independent will form on the basis of the "Civil Code" on the basis of the "Inheritance Law". It has the characteristics of convenience, fast, clear, and easy to be modified. Relative to the self -book will, the printing will have strong mechanicality, retaining the personality traces of the inheritance, and the positiveness of the true meaning is often more difficult. Therefore, the law specifies more stringent forms for printing the will.

Because the printing text is more likely to forge or replace it than the handwriting written by the pen and ink. The formal requirements for the signature are more stringent than the self -book will and the book will. According to the "Civil Code", the print will includes the following essential elements: First, there are more than two witnesses to witness. It should be noted that for the qualifications of witnesses, Article 1,40 of the Civil Code stipulates that clear requirements are stipulated that the following personnel cannot be a witness as a will: (1) Those who have no capacity for civil behavior and restrict civil behavior capabilities And other people who do not have witnesses; (2) the heirs, the victim; Therefore, when choosing a testimony, printing a will should avoid invalid the will due to the problem of witness qualifications. The second is that the will and witnesses should sign on each page of the will and notice next year, month, and day. Law link

Article 1,136 of the Civil Code

There should be two more witnesses to printed the will. The will and witnesses should sign on each page of the will, and annotate next year, month, and day.

Article 1,143 of the Civil Code

The will of people without civil behavior or restrictions on civilian behaviors is invalid.

The will must express the true meaning of the testor, and the will of the dedication and coercion is invalid.

Forgery will invalidate.

If the will is tampered with, the content of tampering is invalid.

Civil Code 1,140 Articles

The following personnel cannot be witnessed as a will:

(1) People without civil behavior, people restrict civilian behavior, and other people who do not have witnesses;

(2) Inheritor and sufferred gifts;

(3) Those who have a favorable relationship with the heir and the bearing person.

"Several Provisions of the Supreme People's Court on the Application of the People's Republic of China"

Before the implementation of the Civil Code, if the will of the testor is made by printing, the parties are controversial about the effectiveness of the will. Essence

Source: People's Court of Huaiyin District, Jinan City, Gaofa, Shandong

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