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Wednesday

What are invalid will

So-called invalid a will refers to the making of a will violate the law, leading to their entry into force of the will. This class will include the following:


1, incapacity, limited capacity for people the will that is invalid. Article 22nd of the Inheritance Act stipulates: \"no capacity or with limited capacity wills made by is invalid\". The Supreme People\'s court opinions provided for in the 41st of: \"the testator when the testator must have the capacity. No conduct which will, even if he or she has subsequently conduct, are still valid will. Executor testamentary capacity when, later lost capacity, does not affect the force of will. \"Incapacitated person including the age of 10 minors, cannot fully identify their behavior of mental patients. Limited capacity means more than 10 years of minors under 18 years of age and cannot fully identify their behavior of mental patients. In practice, will determine the ability of you should be aware of several things: (1) intermittent mental patients, when normal mental, the testator are valid, a will is not valid during the onset and (2) mental illness cured of adults, the testator are valid, and (3) is diagnosed with dementia and delirious by the people of his age is not valid.


2, contrary to the true meaning of a testator of a will is not valid. The Inheritance Act article 22nd \"true meaning of probate must represent the will of people, by coercion, deception wills made by is invalid. Forgery of a will is not valid. Will has been tampered with, tamper with content is not valid. \"


3, does not lack of ability to work in his will and without heirs retained the necessary share of sources of livelihood, the will is invalid. Article 19th of the Inheritance Act stipulates: \"will deal with the lack of ability to work without any source of heirs retained the necessary share of the estate. \"Therefore, violates this provision of the will is invalid.


4, punishment is not his own property in a will is not valid. Article 38th in the Supreme People\'s court opinions \"a will to testamentary disposition of all property belonging to the State, collective or others, part of this will be considered invalid. ”

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