Is the stepmother's hand holding a printing will be effective?Children think that there is a Catal Appeals Court, but the result is judged like this

There are two thousand -level luxury homes in the name, several other real estate buildings, two luxury cars, and more than 8 million yuan in bank deposits ... A rich man in Hangzhou died. The form of printed wills of the stepmother was wrong, and the court requested to confirm that the will is invalid.

Recently, the Hangzhou Court tried the case inheritance of the will.

The children's will -holding plan is not convinced by children

In 2003, Zhang Wanan (pseudonym) and his wife Li Meili (pseudonym) registered to marry, and had a pair of children. In 2012, the two divorced due to the emotional rupture agreement, and agreed that their children were raised by Li Meili.

In 2017, Zhang Wanshi married his current wife Zhao Wenhe (pseudonym), and the two sides did not have children. In February 2020, Zhang Wanan was suffering from advanced cancer and died invalid. For many years of business, Zhang Wanshun has accumulated considerable wealth.

After Zhang Wanan's death, his ex -wife Li Meimei found Zhao Wenhe, asking his children and Zhao Wenhe to inherit the heritage of Zhang Wanshun together. At this time, Zhao Wenhe took out a printed will for the end of the end of January 2020. According to the will, except for the real estate and cash inherited by the children agreed in the divorce agreement with the ex -wife Li Meili, all other property was inherited by Zhao Wenhe.

Although the printed will shows that "During my period of setting up the test, I was sober and not being coerced and fraudulent when I set up the will. The above will be voluntarily made. Any interference in property and rights and interests, but Li Meilfang believes that the will be offended from Zhang Wanshan a few days before Zhang Wanshu's death. At that time, Zhang Wanshan had been conscious and could not be issued. Zhao Wenhe did not show it. The two sides could not decide, and Zhang Wanan's children complained to the court.

Whether printing will be effective depends on whether it meets the regulations

From a formal point of view, the first to the third page of the will is signed by Zhang Wanshiang, and no other personnel signed. According to the provisions of the Civil Code, the will and witnesses printed by the will should sign on each page of the will and annotate next year, month, and day. Therefore, the form of the printed will does not comply with the law.

In addition, the Civil Code also requires that the heir and the person who suffer the benefit of the person shall not be a witness. Wang Wu, one of the witnesses, borrowed from Zhang Wanshun and Zhao Wenhe, belonging to the "debtor" of the couple, in fact, it has a interesting relationship with Zhao Wenhe.

In the end, because the form of a will does not meet the requirements of the law, the Hangzhou Fuyang Court ruled that the printing will be invalid in the first instance.

After the verdict, Zhao Winhe was refused to appeal, and the second instance of the Hangzhou Intermediate People's Court maintained the original judgment.

Judge remind

As a newly added will in the Civil Code, the Civil Code strictly strictly stipulates the effectiveness of printing will. In this case, the signature method of the printing will and the witnesses of the witnesses violated the provisions of the "Civil Code" on the effectiveness of the print will, so it was invalid. Article 1,33 of the Civil Code to Article 1,33 to 1,144 in Article 1,144 explicitly stipulates that the legal awareness and the concept of the rule of law in contemporary people are increasing. Avoiding disputes in production is a proper way to make a will. The inheritance of the will reflects the principle of autonomy, but before the will, be sure to study the relevant laws such as the Civil Code. Only the will to meet the following conditions is a legitimate and effective will:

1. The testor must have a complete civil ability;

2. The will of the testor must be its true meaning;

3. The testor has the right to punish the property punished in the will;

4. The content of the will must be legal.

Law link

"Several Provisions of the Supreme People's Court on Application of the" Play of the People's Republic of China "in Article 15" stipulates that before the implementation of the Civil Code, the will of the will of the will. The provisions of Article 1,36 of the Code, except for the processes before the implementation of the Civil Code.

Article 1,36 of the "People's Republic of China" stipulates that more than two witnesses should be witnessed by the printed will. The will and witnesses should sign on each page of the will, and annotate next year, month, and day.

Article 180 of the "People's Republic of China" stipulates that the following personnel cannot be witnessed as a will: (1) People with no civil behavior, people restrict civilian behavior, and other people who do not have witness; (2 ) Heirs, subjects; (3) Those who have a favorable relationship with the heirs and the preferably.

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