Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-07-06 | Reading times:230
Real estate inheritance wills do not need to be notarized. The so-called notarized will refers to a will that has been notarized by a notary authority before the testator's lifetime. The testator can impose personal penalties on his estate or other affairs within the scope permitted by the law, and it will be effective when the testator dies. This kind of punishment is when the testator makes a will in the form of a self-written will, a written will, an oral will, a notarized will, etc. Among them, a notarized will has the highest probative power.
1. When the will is notarized, the testator should go to the notary office in person to handle the process and shall not entrust others to handle it.
2. The testator should be of clear mind, able to truly express his or her intentions, and not be coerced or deceived.
3. If the will is notarized at the notary office, and if the original will notarization needs to be changed or revoked, the original will notarization should be submitted and processed at the original notary office.
Beijing Yuting Law Firm specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition. It has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.
4. After the testator dies, the testamentary heir should go to this office to handle the inheritance notarization with the notarization of the will, the death certificate and the ID card of the deceased. If the beneficiary of the will is not among the legal heirs, he is the legatee. Therefore, the legatee must go to this office to get the notarization of the bequest declaration within 2 months after learning about the bequest.
Legal basis: According to Article 1133 of the Civil Code, a natural person can make a will to dispose of personal property in accordance with the provisions of this law, and can designate an executor. A natural person can make a will and designate one or more legal heirs to inherit his or her personal property. A natural person can make a will and donate personal property to the state, collectives, or organizations or individuals other than the legal heir.
"Interpretation (1) of the Supreme People's Court on the Application of the Inheritance Part" Article 42: When dividing the houses, means of production and property required for specific occupations in the inheritance, the People's Court shall do so based on the benefits of their use and the actual needs of the heirs, taking into account the interests of each heir. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.
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