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Why are some Wills made by husband and wife invalid
2022-07-01 08:07:00 【zy5826261】
Joint will , It means that two or more testators jointly make a will . In practice, it is common for couples to make wills together , As a result, one party died first , The living party intends to change the joint will for various reasons . On the validity of joint wills , The Ministry of justice 《 Rules for notarization of wills 》 The first 15 Stipulated in article :“ Two or more testators apply for notarization of the joint will , The notary office shall guide them to set up separate wills . The testator insists on applying for notarization of the joint will , The joint will shall specify the change of will 、 Conditions for revocation and effectiveness .” This provision has actually recognized the effectiveness of a notarized joint will . However , In practice, more cases are , The husband and wife did not entrust others to write or sign a joint will through notarization , Instead, the husband or wife writes the full text of the will , Both the husband and wife shall sign their names .
Ought to say , There is a custom in our country that couples make wills together , Making a joint will helps to protect the right of inheritance of the spouse , So that the spouse's life will not be more impacted by the death of the other party . In view of the special marriage relationship between husband and wife , In practice , As long as it can be proved that both husband and wife participated in the making of the joint will , The contents of the will are the true intention of both parties , And conform to the legal form requirements of the corresponding will type , The validity of the will can be determined .
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