Why is the will invalidated?One article understands common misunderstandings

Author:Henan Legal Daily Time:2022.09.15

Henan Legal System "Henan Legal System Daily" was founded in 1984 and was sponsored by Henan Daily Newspaper Group. It is the only legal newspapers for the province's province that the Henan Provincial Party Committee and the Provincial Government's clear positioning. 513 original content public account

The law stipulates that heritage is a personal legal property left by natural persons when the death of natural persons; natural persons can set a will to punish personal property in accordance with the law, inherit one of the personal property among the legal heirs. Organizations and individuals other than legal heirs. It can be said that the will carry the true emotions and sustenance of the heir, expressing the true will of the testor. Whether the will of the testor's will is valid, and it is more related to the vital interests of each heir or the suffering.

The holder cannot prove the authenticity of the will, and the court determines that the will is invalid.

Zhang Zhen and Yuan Lan Sheng have two sons, Zhang Qing and Zhang Hua. Zhang Zhen died in 2016, and Yuan Lan died in 2013. Zhang Zhen and Yuan Lan's parents died earlier than the two. After his parents died, Zhang Hua took a bank deposit of 17,2652 yuan under Zhang Zhen's name and 92081 yuan for bank deposits under Yuan Lan. Zhang Qing sued to the court and asked to inherit Zhang Zhen and Yuan Lan's above -mentioned bank deposits a total of 264,733 yuan. Zhang Hua did not agree with Zhang Qing's claim, and believed that the second heir had a will before his lifetime, and he already had a handling of the heritage. He was about to leave it to him. Zhang Qing did not have the right to claim inheritance. During the trial, Zhang Hua provided a self -book will, which stated that the deposit of Zhang Zhen and Yuan Lan was responsible for withdrawing and dominating by the second son Zhang Hua. The will show the signature "Zhang Zhen, Yuan Lan", which is the date of the settlement on April 12, 2013. Zhang Hua said that the content of the above will be written by Zhang Zhen's person, and Zhang Zhen and Yuan Lan signed the pen. Zhang Qing did not recognize the authenticity of the will, saying that the content of the will is not written by one person, and the fonts are inconsistent. Zhang Zhen and Yuan Lan's signatures are not signed by himself. To this end, Zhang Hua submitted an appraisal application, and later appraisal agencies believed that there were fewer samples, and the signature writing was different. Considering that the elderly had a large change in physical function or writing ability, the sample could not meet the comparison test inspection. Conditions are not accepted. After the trial, the court believed that Yuan Lan's deposit was the common property of Yuan Lan and Zhang Zhen and Zhang Zhen. After Yuan Lan's death, half of them were Zhang Zhen's property, and the remaining half should be used as Yuan Lan's legacy. The bank deposit should also be precipitated as the legacy of Yuan Lan first. Although Zhang Hua provided a will, Zhang Qing did not recognize the authenticity of the will, and Zhang Hua's appraisal application was returned by the appraisal agency. The authenticity of the will is not recognized. Yuan Lan's above -mentioned heritage should be inherited by its legal heirs Zhang Zhen, Zhang Hua, and Zhang Qing. After Zhang Zhen's death, Zhang Zhen's deposit and his inheritance of Yuan Lan's inheritance should be used as his inheritance. In the case of a legal written or verbal will, the above -mentioned heritage should be inherited by the legal inheritance Zhang Hua and Zhang Qing in accordance with the legal inheritance. Because Zhang Hua has collected Zhang Zhen and Yuan Lan's bank deposits, it should pay the corresponding money to Zhang Qing. In the end, the court ruled that Zhang Hua paid Zhang Qing 132366.5 yuan.

【Judge Introduction】/

In the inheritance disputes, one party often appears and submits a will to the heir to the court, while the other party has objected to the authenticity of the will. As the inheritance case has died, it is not uncommon to complete the appraisal due to incomplete comparison samples. At this time, the party who assumes the proof of the authenticity of the will will face the risk of losing the lawsuit, so the distribution of the responsibility of the proof of the authenticity of the will is substantial in the practice of trial practice. From the perspective of interests and the difficulty of proof between the two parties, it is generally fair that the responsibility of holding a will and claiming the true part of the will to bear the authenticity of the will is more fair. Although Zhang Hua provided a will in this case, other legal heirs raised objections to the writing and signing of the heirs in the will. At this time, Zhang Hua, as a party that provided a will, responded to the form of forms that complied with the law, that is, the will wrote and signed for further evidence for the testor, such as providing identification conclusions, witness testimony or recording videos. After Zhang Hua applied for appraisal, the appraisal agency could not make an appraisal conclusion, Zhang Hua failed to provide other evidence to proof of the will, which caused it to prove that the book will be expressed as the true intention of the will. The will is lonely. Certificate should bear the legal consequences that the true and effective parties advocate the true and effective will.

The form of the library will be lacking, and the court determines that the will is invalid

Wang Yang and Bao Meisheng had two sons and daughters, namely Wang Jiang, Wang Li, Wang Shu, and Wang Yang died in 2008. Bao Mei died in 2010. Wang Yang and Bao Mei's parents died earlier than the two. Son Wang Teng. Wang Shu sued Wang Jiang and Wang Li to the court and asked Wang Yang and Bao Mei's property according to law. Wang Jiang and Wang Li argued that Wang Yang and Bao Mei repeatedly expressed their willingness to give the real estate to Wang Jiang's son Wang Teng, and Bao Mei stayed with a substitute will will be given. Teng all, disagree with Wang Shu's claim. In the lawsuit, the court added Wang Teng to participate in the lawsuit as a third party in accordance with the law. Wang Jiang provided the court with Bao Mei's substitute will, which stated that: My name is Bao Mei, because I was inconvenient to write high myopia, and now Zhang Hui wrote, and this will be united. Wang Yang was my wife. He died in 2008. During his lifetime, he decided to decide with me. After a hundred years, we gave Wang Yang's real estate with the grandson Wang Teng. Now I reiterate that I hope that my children will follow our two old decisions 100 years later. This is my only last wish. The seal of the "Bao Mei" is displayed at the tentian, and Zhang Hui, an agent Zhang Hui, and witnessed the signature of the witness Jiao Xia. During the trial, Wang Jiang applied for a substitute scholar Zhang Hui to testify. Zhang Hui stated to the court that Bao Meili's will's will pass, and the witness Jiao Xia did not appear in court to testify. Wang Li and Wang Teng recognized the authenticity of the will and witness testimony. Wang Shu did not recognize the authenticity of the will and witness testimony, and believed that the seal was not stamped when Bao Mei was stamped when he made a will. The court held that the house involved in the case was purchased during the marriage period of Wang Yang and Bao Mei, and used the working age of their husband and wife when calculating the purchase price of the house, which belonged to the common property of the husband and wife. Question about Bao Mei will. Although Wang Jiang advocated that Bao Mei had a substitute will of his book during his lifetime and provided the will of the agency book, only the seal of the word "Bao Mei" was stamped on the will. The authenticity was raised. Wang Jiang and Wang Teng failed to notify the witness Jiao Xia to accept the inquiry in court, and failed to provide other sideline. will. In view of this, Wang Yang and Bao Mei have died, and the two have not left a legal and effective will. Therefore, the house involved should be used as the heritage of the two, and the legal heir Wang Jiang, Wang Li, and Wang Shu were inherited. During the trial, Wang Li volunteered to give Wang Jiang inherited from Wang Jiang. Wang Jiang also said that he accepted the gift, and the court did not have any objections to this. The court's final decision was inherited by Wang Shu's 34%real estate share, and Wang Jiang inherited 66%of the real estate share. 【Judge Introduction】

The will is a civil legal act that has only been effective after his death. Since the parties have died, the meaning of the intention of making a will cannot be proven whether it is true. In order to fully protect the legitimate rights and interests of the parties, to ensure that the will reflects the true meaning of the willpan of the will of his post -death, it is not appropriate to be valid for violating or inconsistent with the requirements of the legal form. Article 1,135 of the Civil Code continues Article 17, paragraph 3, paragraph 3 of the original inheritance law, and clarify that more than two witnesses should be witnessed by the will. Sign signed with other witnesses, announcing next year, month, and day. This law has made corresponding provisions on the form of the book will, that is, written by a substitute book, two or more witnesses to witness, the will and the testimony of the testimony signed by the testor and the testimony of the witnesses are the proxy testimony that complies with the laws stipulated in the law. And only under the premise of compliance with formal requirements, the court will further review the substantial requirements of the will. In this case, Wang Jiang provided only the seal of the word "Bao Mei" on the substitute will. No Bao Mei's own signature, which does not meet the formal requirements of the substitute will that does not meet the law, should be invalid.

The statement is not the same as before and after the authenticity of the will, and the court determines that the will is valid.

Du Ming and Feng had a son and a daughter, namely Du Jun and Dan. Du Ming died in 2005, and Feng Yi died in 2019. Both parents died earlier than the two. Du Dan sued Du Jun to the court and demanded that Feng Yi's will inherits all the personal houses of Feng Ying's life in accordance with Feng Yi's will. Du Jun argued that it was not clear that Feng Yi's will have a will, so he did not agree with Du Dan's claim and requested to divide the houses in accordance with the law in accordance with the law. During the trial, Dan Dan provided a note that stated that because Du Dan had fulfilled more support obligations to me, so I decided to decide that Feng Yi's house was owned by my daughter Dan Dan, and others must not interfere; Feng Yi, 2018 2018 November 1st. During the first trial, Du Jun expressed his recognition of the authenticity of the note. Later, at the beginning of the trial, he said that because he did not see the contents of the note last time, he could not confirm the authenticity of the note and did not express his opinions. After the trial, the court believed that Feng Yi, involved in the case, invested in purchase in 2015 and had more than ten years before Du Ming's death. Regarding the issue of Feng Yi's will, Du Dan provided the note on November 1, 2018. Du Jun recognized the authenticity of the note in the first trial, and later said that the authenticity could not be confirmed. Evidence proves that the court confirms the authenticity of the note. Feng Yi explicitly stated in this note that all the houses under his name were owned by Dudan. The note had the form of the form and substantial element of the form of self -evidence provided by the law, so the court confirmed the effectiveness of the will. The court finally ruled that Feng's house was inherited by Dan Dan.

【Judge Introduction】

Article 7 of the Civil Code stipulates: "Civil subjects engaged in civil activities should follow the principles of integrity, uphold the honesty, and adhere to their commitments." This is the law of the principle of honesty. The principle of integrity requires that civil subjects will speak honest, promised, and obey their credit in the process of exercising their rights and fulfilling their obligations. The principle of prohibition is the specific manifestation of the principle of integrity in the lawsuit. It aims to exclude the parties' contradictions of the parties and maintain the stability of the lawsuit procedures. In this case, Du Jun first recognized the authenticity when he performed the note, and then said that the authenticity could not be confirmed. The statement was contradictory before and after. In violation of the "prohibition" principle of civil litigation procedures, Du Jun's subsequent claims should not be approved. Therefore, the court confirmed that Du Jun recognized the authenticity of the note, that is, the note was written and signed by Feng Yinqin's writing, which meets the form of the form of self -book will. In terms of the content of the note, Feng Yi's own property was clearly punished. Therefore, the note also meets the essential requirements of the self -book will. The court confirmed the authenticity of the will and allocated the relevant heritage based on the will. The law gives natural people's rights to punish their own property, and implements the legislative spirit of freedom of the will. However, the freedom of the will is not completely unlimited freedom. The will should be in accordance with the laws and essential elements of the form of the law. The will should consider carefully when setting a will. On the one hand, from a formal point of view, the will should choose the appropriate form of will, and refer to the requirements of the laws of different will of different will; on the other hand, the content of the formulation of the will should be legally effective, and it will not violate the compulsory law and administrative regulations of the law and administrative regulations. Sexual regulations do not violate public order and customs. Based on the above two aspects, when the expression of the true meaning of the testor can be reflected to the greatest extent, the consequences of the meaning of the inheritance from the inheritance of the heir can not produce the legal effect of the heir.

(The above characters are a pseudonym)

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