Group 1 - The article discusses the increasing rational choice of individuals to prepare wills and arrange for posthumous affairs, highlighting that wills are not automatically effective and can become invalid due to issues such as non-compliance with formal requirements, unqualified witnesses, or conflicting multiple wills [1] - A case is presented where a will written by a son, claiming inheritance of a property from his deceased father, was deemed invalid because it did not meet the legal requirements for a written will, as the son was also an heir and thus not a qualified witness [4][5] - The court ruled that the property in question should be divided between the widow and the son, with the widow receiving five-eighths and the son receiving three-eighths of the property [4] Group 2 - Another case involves two brothers disputing their deceased father's estate, which included two conflicting wills. The court determined that the last will should prevail, leading to an equal division of the estate between the brothers [8][9] - The court emphasized that a testator has the right to revoke or change their will, and in cases of multiple conflicting wills, the most recent one is considered valid [9] - A separate case examined whether a handwritten document by a deceased individual constituted a valid will. The court concluded that it was merely a declaration of intent to gift property rather than a legally binding will, leading to a decision based on statutory inheritance rules [11][13]
遗嘱不是“写了就算”,这些效力问题要注意
Xin Lang Cai Jing·2025-12-21 23:49