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In China, How to Make a Will?

There are six forms of the will: holographic will, will written on behalf of the testator, will in printed form, will made in the form of an audio or video recording, nuncupative will and a notarized will.

The requirement for each kind of will is different:

1) A holographic will is one written and signed by the testator’s hand, specifying the year, month, and day of its making.

2) A will written on behalf of the testator shall be attested by two or more witnesses, of whom one writes the will, specifying the year, month, and day of its making, and signs it along with the other witness(es) and with the testator.

3) A will in printed form shall be attested by two or more witnesses. The testator and the witnesses shall sign and specify the year, month, and day on each page.

4) A will made in the form of an audio or video recording shall be attested by two or more witnesses. The testator and the witnesses shall record their names or likeness in the recording and specify the year, month, and day of its making.

5) A testator may, when facing imminent danger, make a nuncupative will. A nuncupative will shall be attested by two or more witnesses. When the imminent danger is removed and where the testator is able to make a will in writing or in the form of an audio or video recording, the nuncupative will thus made becomes invalid.

6) A notarized will is one made by a testator through a notary agency.

 

Reference: The Civil Code: Article 1134, 1135, 1136, 1137, 1138 and 1139 

Contributors: CJO Staff Contributors Team

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