Witness Requirements for Wills Under Chinese Law
Author: Xiaoxiao Zhuang
Under Chinese law, there are six types of wills that are provided in Articles 1134 to 1139 of the Civil Code of the People's Republic of China. These include holographic will, allograph will, printed will, audio or video recording will, nuncupative will, and notarized will.
Except for holographic will and notarized will, all other wills require two witnesses to witness during the creation of the will. It is required that witnesses have full age and capacity and have the ability to determine whether the testator has the ability to make a will voluntarily along with the competence to fully understand the content and effect of the will and identify its specific contents.
However, witnesses should have no interest in the contents of the will. Therefore, heirs and donee-by-will cannot be witnesses as they have direct interests in the will. If they do witness, it will cause the testator undue stress which may lead to an inability to express their true will. Additionally, when the heir or donee-by-will acknowledges the content of the will as a witness, they may lie and perjure themselves. This is why Article 1140 of the civil code prohibits heirs and donee-by-will from being witnesses.
The witness should be invited or nominated by the testator, and the witness should witness the entire process of making the will. A person having an interest with a successor or donee-by-will, such as debtors and creditors of the heir and the donee-by-will, partners in business, and close relatives of the heir and donee-by-will, cannot be witnesses.
In conclusion, understanding the witness requirements for wills under Chinese law is crucial to ensure compliance and the validity of the document. It is essential to choose witnesses who have no direct interest in the contents of the will. If you have any questions regarding creating a will or the witness requirements, please feel free to contact me via WeChat (18101818592) or email (assistant.jt@landinglawyer.com). I would be happy to assist you with any queries you may have.