17-002 · EVIDENCE A · LOW-RISK READING
Make a will — remember that later ones override earlier ones, and notarized wills no longer take priority
把遗嘱立了,记住后立的推翻先立的,公证遗嘱不再优先
Writing a will by hand costs nothing. Having it notarized at a notary office costs several hundred to over a thousand yuan. The hard part is bringing it up: you must discuss end‑of‑life matters with your family.
The law recognizes six types of wills, but a single mistake in the format can render the entire document invalid — this is the most common pitfall. A handwritten will must be written entirely by the testator, signed, and dated. If multiple wills exist and they conflict, the last one signed prevails. Since 2021, a notarized will no longer automatically takes precedence over others.
A
Move “Make a will — remember that later ones override earlier ones, and notarized wills no longer take priority” to Future Me's calendar
The excuse
I can spend longer deciding whether to start than the small action would take.
What feels good now
Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “The law recognizes six types of wills, but a single mistake in the format can render the entire document invalid — this is the most common pitfall. A handwritten will must be written entirely by the testator, signed, and dated. If multiple wills exist and they conflict, the last one signed prevails. Since 2021, a notarized will no longer automatically takes precedence over others.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Open the original entry, check who the evidence applies to, then pick one small step that fits.
THE ENGLISH EDITION
Original recommendation and evidence
2. Make a will — remember that later ones override earlier ones, and notarized wills no longer take priority
Cost: Writing a will by hand costs nothing. Having it notarized at a notary office costs several hundred to over a thousand yuan. The hard part is bringing it up: you must discuss end‑of‑life matters with your family.
In plain terms: The law recognizes six types of wills, but a single mistake in the format can render the entire document invalid — this is the most common pitfall. A handwritten will must be written entirely by the testator, signed, and dated. If multiple wills exist and they conflict, the last one signed prevails. Since 2021, a notarized will no longer automatically takes precedence over others.
Benefit: The Civil Code acknowledges six legal forms of wills: handwritten, dictated to a scribe, printed, recorded on audio or video, oral, and notarized. Each type has specific formal requirements that must be met. When several wills exist, the most recent one governs. Starting in 2021, notarized wills no longer automatically rank above others.
Evidence grade: A
Sources: National People's Congress (2020). Civil Code (Articles 1134 to 1142). <https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml>
Notes: A handwritten will must be written entirely by the testator, signed, and dated. For printed wills, at least two witnesses are required; both the testator and witnesses must sign every page and include the date. Relatives of the testator, potential heirs, or anyone named to receive assets cannot serve as witnesses. Any failure to meet these formal rules renders the will invalid — this is the most frequent cause of problems.
Read the complete Chinese source and notes
2. 把遗嘱立了,记住后立的推翻先立的,公证遗嘱不再优先
成本: 自己手写一份遗嘱,不花钱。找公证处公证,几百到上千元。难在开口:要和家里人谈身后事
说人话: 法律认六种遗嘱,但形式写错了整份作废,这是最常见的翻车点。自己手写的那种,要本人从头到尾手写,签上名,写清年月日。立了好几份、内容互相打架的,按最后立的那份算。2021 年起,公证过的那份也不再自动排在前面。
收益: 民法典认可六种遗嘱形式:自己手写的、请人代写的、打印的、录音录像的、口头的、公证的。每一种都有各自必须做到的手续要求(法律叫「形式要件」)。如果立了好几份,内容互相打架,以最后立的那份为准。2021 年起,公证的那份不再自动排在前面
证据等级: A
来源: 全国人大 (2020). 民法典(第一千一百三十四条至第一千一百四十二条). <https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml>
备注: 自己手写的遗嘱,要本人从头到尾手写,签上名,写清年月日。打印的遗嘱要有两个以上见证人。遗嘱人和见证人要在每一页上签名,并写清年月日。继承人、被写进遗嘱要分东西的人,以及他们的近亲属,都不能当见证人。形式错了整份作废,这是最常见的翻车点
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