Huaxiu witness testament features

Although the service and security are better, the cost of regular lawyers to witness the will is also relatively high, which makes some people prohibitive.

In order to better protect the smooth inheritance of citizens' legal wealth, effectively reduce disputes over family wealth distribution, and thus reflect the social responsibility of Huaxiu Law Firm, Huaxiu Will Service Center under the firm launched a public will project, free will preservation, lawyers witness the will only charge the cost (original price of 8,000 yuan/piece, now 6,000 yuan/piece).

The following items are included in the testimony of wills by the lawyers at the Wills Service Centre:

Specialist lawyers provide legal advice on wills and succession issues.

The will is kept free of charge for life.

Change of will, a free change of will witnessed by a lawyer made at the centre.

Free inheritance dispute exclusive solutions for clients.

Recording and videotaping the entire process of the lawyer witnessing the will.

Establish an exclusive information file for each customer, and make a telephone return visit by a professional lawyer every year to ensure the certainty of important property information for customers.

To provide customers with notary will, inheritance notarization consultation, guidance and services.

Inheritance litigation services at preferential rates.

Acting as executor in accordance with the mandate of the testator, providing estate division plans and assisting with transfer procedures (additional fee).

Advantages of a lawyer witnessing a will

1, the scope of the estate can be dealt with is relatively wide, for some property rights are unclear, the lawyer can explain the parties through the "general will" to deal with;

2, the handling procedure is simple, some materials can not be supplemented, witness lawyers can be standardized through the parties and interested parties statements, guarantees or certification documents provided by the relevant units;

3. Lawyers are familiar with the court trial rules, understand the judge's investigation ideas, and testify in court is conducive to ensuring the legality of the will;

4, the service is good, after the agreement can be door-to-door service, convenient and fast.



Defects of notary will

1, notarial will handling notarial will process is long, complicated procedures;

2. Disposal of property is difficult to cover comprehensively. For commercial houses, small property houses, and rural houses without property certificates, the notary organs will not notarize assets with unclear property rights, such as no property certificates;

3, the change of assets can not be reflected in the notarized will.

The risk of ordinary witness wills

(1) It is difficult to ensure that ordinary witnesses have no legal interest in the beneficiary;

2. Ordinary witnesses do not know what kind of evidence should be provided and retained when witnessing a will because they have no professional knowledge;

3, once the execution of the will occurs, ordinary witnesses are generally unwilling to testify in court for various reasons.

Case browse

Case 1

Families torn apart without a will

Mr. Zhang has a total of six children, six children are very filial, can also visit the old man at the weekend, eat a reunion dinner, neighbors are very envious of the old man has six filial children. In 2012, Mr. Zhang called six children, held a family meeting, dealt with the elderly matter, determined to transfer the two sets of housing under Mr. Zhang's name to the younger daughter, after his death by the younger daughter to sell the house, the sale of housing income evenly distributed to the six children, but did not conclude a will. In 2014, Mr. Zhang died, and the younger daughter repented and took the two houses as her own, saying that the old man had given them to her. The remaining five children therefore took the younger daughter to court to request the division of the old man's estate according to the legal inheritance.

Case 2

Relatives other than the legal heir cannot inherit the estate

Mr. Zhang has no children, he has a residence in the suburbs of Beijing, his niece in Beijing is his only relatives, Zhang has been taken care of by his niece after illness, the old man wants to have no other relatives, after his death, the house is returned to the niece, also counts as a return to the care of the niece. Who knows the old man a hundred years later, the niece to the housing management department to change the property ownership, but encountered because not the legal heir (although the old man has no other legal heir) the problem, the property can not be transferred, so far the problem has not been solved.

Last year, a pair of volunteers on a trip to Thailand were involved in an accident when their tour bus overturned and both were killed. Later Mr. Zhang returned to China, he gave his bank card password to his sister, now it seems that it is not enough, if they did not get the bank card, or can not take the money, the final conclusion is that it is actually necessary to make a will.

Case 3

Single parent family without a will the other side of the property

In 2008, Mr. Zhang and Ms. Wang agreed to divorce, and the two houses and all property in the family were owned by Ms. Wang, and the boy born to them was raised by Ms. Wang. Ms. Wang died in a car accident in 2013 and has not yet remarried. According to inheritance laws, all of her property belongs to her children and parents. However, since Mr. Zhang is still the legal guardian of the child born to the two, he sued Ms. Wang's parents in the name of the child, asking for legal inheritance of Ms. Wang's estate.


Case 4

Sudden illness death property cannot be found

Ms. Li, 52, died of a sudden brain hemorrhage one night. However, because Ms. Li has been managing the finances in the home, her husband found only a small amount of cash at home when he sorted out his belongings, and the couple usually earn considerable income, but no other property clues were found.


Case five

The notarization of inheritance right will not be handled without detailed information

Mr. Wang worked for many years and deposited a sum of money into his old father's bank card every year. One day, his old father died suddenly. Mr. Wang wants to withdraw the money, no password. Then go to the bank, the bank said, first have the father's death certificate, then have a father-son relationship certificate, and finally have to do a relative to give up Mr. Wang's father's legacy materials, all the relevant relatives must sign, get the notary office to notarize after. After Mr. Wang finished the previous materials, when he went to the notary office, the notary office said that the bank must first provide Mr. Wang's father's bank deposit related certification materials. Both sides were very reasonable in their arguments: such were the rules.



Case six

Keeping the will at home leads to family conflicts

Li old lady home has two sons and a daughter, because the two sons live better, the daughter is relatively poor. Therefore, the old lady accompanied by her daughter went to the law office to make a will, stating that the personal property would be inherited by her daughter alone after a hundred years. Less than a year after the will was made, one day, the eldest son went to his mother's home to help take the medical insurance book to accompany the old lady to see a doctor, and inadvertently saw the will. The family was suddenly restless, and the two sons refused to climb the mother's door. Therefore, the preservation of the will after it is made is also crucial, not only may cause family discord, but also if it is improperly kept, lost or damaged, it will not be properly executed.


Case 7

Can not handle the right of inheritance notarial succession litigation can be relieved

Mr. Hu is over 60 years old, his mother and father have died. After the death of his father, Mr. Hu took the death certificate of his parents, the house ownership certificate left by his parents and the relationship between himself and his parents, and came to the business hall of the city's real estate Bureau, intending to handle the property rights transfer procedures, but the defendant needed to handle the inheritance right notarization first. Mr. Hu took his father's will to the notary office. Because Mr. Hu's parents have passed away, the notary office asked Mr. Hu to provide proof that other heirs in the first line of his parents' inheritance have renounced inheritance or died. This time, Mr. Hu can be in trouble: he is an only child, no brothers and sisters, this is no problem, but there are grandparents and grandparents in the heir, whether they are alive or not they can not prove. Before liberation, his parents led their only brother to flee from the famine in Anhui province to the northeast, and Mr. Hu's grandparents and grandparents have been separated for many years, unable to find their whereabouts, and the certificates of these four old people do not know where to issue. After consulting a lawyer, can only go to the court for civil rights confirmation proceedings, by the court to judge Mr. Hu's father's will valid, and then to the city's real estate bureau for transfer procedures. Later, Mr. Hu took his cousin to court on the grounds that she wanted to inherit her parents' inheritance. At the court, the judge issued a judgment according to the will left by Mr. Hu's father and the testimony of witnesses when the will was made, and ruled that Mr. Hu's will was valid and the house was inherited by Mr. Hu. With the judgment, Mr. Hu finally completed the transfer of housing property rights.



The necessity of making a will



Inheritance has become an inevitable social phenomenon in our life. Therefore, how to help the elderly make legal and effective wills, avoid family conflicts, and promote family and social harmony is extremely urgent.

The necessity of making a will is reflected in the following aspects:

First, realize the true will

According to the relevant provisions of the Inheritance Law, after the commencement of succession, if there is a will, it shall be handled in accordance with testamentary succession or legacy; In the absence of a will, the legal successors shall inherit in equal amounts in principle in accordance with statutory succession. To make a will, the estate will be inherited according to the will, the testator can decide who inherits its personal assets (not limited to spouse, parents, children) and the share of inheritance according to the factors such as the family situation of the heir, the performance of the maintenance obligation, so as to maximize the true will of the testator.

Second, prevent family disputes

Considering that inheritance now occurs in big cities, the amount of property involved is quite astonishing, and many people will cheat, not be trustworthy, and give up family affection for huge interests. Making a will means that there is a clear plan for the distribution of the estate, the will is easy to be executed, and generally there will be no succession disputes, affecting family harmony.

3. Define the scope of the estate

With the development and progress of society, personal property not only increases in quantity, but also varies in types. In addition to traditional deposits, there may also be invisible assets such as company equity. Make a will, in which a detailed list of various types of personal property is made, so as to facilitate the comprehensive treatment of all the decedent's estate when inheriting, so as not to miss important property.

4. Promote filial piety among children

After making a will, if the testamentary successor does not perform the maintenance obligations, the decedent may redistribute the estate by making a will again to make a will for other heirs who perform the maintenance obligations. Making a will helps the successor to better perform the maintenance obligations before the decedent's life, and fully guarantees that the decedent can be properly cared for in his old age.

Fifth, reduce barriers to succession

Because the process of inheritance requires heirs or donees to prepare a lot of relevant certification materials. The preparation of such evidence at a time when the testator is in good physical and mental condition can greatly reduce the obstacles to inheritance. If it is not until after the death of the testamentary, it will be difficult to obtain certain evidence, and the absence of these materials will hinder the smooth progress of the estate to varying degrees.

Cause of invalidation of a self-written will

1, because the testator is not a professional legal person, do not understand the relevant provisions of the law, the will elements are missing more;

(2) It is difficult to prove whether the testator has full capacity for civil conduct when he makes a will;

(3) The testator does not make clear which property belongs to personal property and which property has the right to dispose of is not clear;

(4) Do not understand the special provisions of the inheritance law, and do not retain the necessary share of the inheritance for the family members who need to be cared for.