ARE WRITTEN WILL WITHOUT WITNESS RECOGNIZED?

Individuals have the freedom to make wills for bequeathing his or her property to others after death. A written will without witness is a form to be recognized under current law. However, to be determined as a legal will, it must fully meet the prescribed conditions.

1. How many types of written will

– Written will without witness;

– Witnessed written will;

– Written will which are notarized;

– Written will which are certified.

Pursuant to this regulation of the 2015 Civil Code, a will can be made in the form of a written will without witness.

Note, in cases where it is not possible to make a written will, individuals have rights to make oral will.

2. The conditions for a written will without witness are legally determined

A written will without witness can be determined to be legal and valid when it meets all of the following conditions:

a. General conditions:

– The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;

– The contents of the will are not contrary to law or social morals and the will complies with legal formalities.

b. Conditions for cases where the testator has insufficient or limited capacity:

– A will made by a person between 15 and 18 years of age must be made in writing and with the consent of the parents or guardian of such person.

– A will made by a person who is incapacitated or illiterate must be made in writing by a witness and must be notarized or certified.

c. Conditions for a written will to be considered a legal will:

A written will which is not notarized or certified shall be deemed lawful only if it satisfies the requirements provided in section above.

d. Conditions for a written will without witness

– A testator must write the will in handwritting and must sign into the will.

– Making a will in writing without witness must comply with the conditions on the content of the will.

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3. Content of a written will without witness

– The will must include the following main contents:

+ The date on which the will is made;

+ The full name and place of residence of the testator;

+ The full names of the persons and the bodies or organizations entitled to inherit the estate;

+ The estate to be bequeathed and its location.

– A will may not be written using abbreviations or other symbols. If a will consists of several pages, each page must be numbered and bear the signature or fingerprint of the testator.

Where a will has erasure or correction, the testator or the testament witness must sign beside erasing and corrected place.