Lawyer Diagnosis: Knowledge Of Relevant Testament

　　 Letter of assignment Will Who will play the role?

Mr. Zhang asked: my parents have six children. I live together with my parents. My parents made a will in their lifetime, which means that after my parents died, I inherited their private house. According to the wishes of my parents, the will was typed by the will, and three witnesses were present. After reading them in front of their parents, the last word was signed by the parents on the will, and the witnesses signed the words. Is this will valid?

　　 Lawyer diagnosis Mr. Zhang's parents' will is an invalid will.

In this case, Mr. Zhang's parents' will is a written Testament. The statutory entry into force of a written Testament shall comply with the seventeenth provision of the inheritance law, that is, the testament shall be witnessed by more than two witnesses, and one of them shall serve as a reference, indicating the date of the day, and shall be signed by the author, other witnesses and the testator. Mr. Zhang's parents' will is invalid. It is mainly manifested in the fact that the will was printed by Mr. Zhang, not written by the person who wrote it, so the will was not in line with " Inheritance Law The provisions on testament will be an invalid will.

　　 Is it valid for her daughter to write a will for her mother?

Ms. Wu asked, "my mother has four children. My father died in an early age. After divorce, I lived with my mother for a long time. The house that I live in is mother's personal property right. My mother was going to leave the house to me after death. In order to prevent future disputes, I was allowed to write a will left by my house. The will was dictated by my mother, written by me, and signed by my mother. Is this will valid?

Lawyer's diagnosis: this will is an invalid will. In this case, Mrs. Wu's mother's will is a statutory form from the will of the book, and it must comply with the seventeenth provision of the succession law, that is, the written will is written by the testator, and the signature is made on the date of the month. The invalidity of her mother's will is mainly manifested in the fact that the content of the will is written by Wu herself, rather than written by Wu's mother, so the will does not conform to the provisions of the succession law concerning the will of the book, and is invalid.

　　 Is my property agreement with my adoptive mother valid?

Ms. Li asked: I was raised by adoptive mother. The adoptive mother never married. After I got married, I went out to live. The foster mother has a private housing. Because of her age, the adoptive mother wants me to look after her old life. The condition is to sign a bequest agreement with me, and I will inherit the house of my adoptive mother after I have sent her pension to the end. Is it valid for me to inherit the agreed housing in the bequest maintenance agreement?

Lawyer diagnosis: the bequest maintenance agreement in this case is a valid agreement. The agreement is an agreement on the legacy of obligations. If Ms LEE fulfil her obligations to foster her mother, she can inherit her mother's house. On the contrary, Ms. Lee has no right to inherit her mother's house. The twenty-first provision of the inheritance law provides that the legacies of the legacies should fulfill their obligations if the legacies are attached with obligations. If there is no justification for failing to fulfil its obligations, the people's court may cancel its right to accept the inheritance through the request of the relevant unit or individual. Therefore, after signing a donation agreement with her adoptive mother, Ms Li will have the right to inherit her mother's house as long as Ms. Li does not violate the Convention.