Civil Code: Inheritance - Testamentary Inheritance and Bequest

Civil Code: Inheritance
Chapter III Testamentary Inheritance and Bequest
 
(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)

Article 1133 A natural person may dispose of their personal property by making a valid will in accordance with this Code and appointing an executor of the estate.
A natural person may make a will to specify one or more statutory heirs who will be entitled to inherit their personal property.
A natural person may make a will to donate their personal property to the State, a collective entity, or any entity or individual other than their statutory heirs.
A natural person may create a testamentary trust according to law.

Article 1134 A self-made will shall be handwritten, signed, and dated by the testator.

Article 1135 A will written on behalf of the testator shall be witnessed by two or more witnesses, handwritten by one of the witnesses on behalf of the testator, and signed and dated by the testator, the preparer, and the other witness or witnesses.

Article 1136 A printed will shall be witnessed by two or more witnesses and signed and dated by the testator and the witnesses page by page.

Article 1137 A will made in the form of audio or video recording shall be witnessed by two or more witnesses, and the testator and witnesses shall record their names or portraits and the date in the audio or video recording.

Article 1138 A testator may make an oral will in case of an emergency. An oral will shall be witnessed by two or more witnesses. The oral will shall become invalid if the testator can make a will in writing or by audio or video recording after the termination of the emergency.

Article 1139 A notarial will shall be made by a testator before a notary office.

Article 1140 Any of the following persons shall not act as a witness to a will:
(1) persons without capacity or with limited capacity for civil acts or without capacity to act as a witness;
(2) the testator's heirs or legatees; or
(3) persons who are interested parties of any of the testator's heirs or legatees.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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