Grandmother CAN CHANGE FOR MAKING A WILL NOT BE grandfather?

Question:

Currently, certificates of land use rights in the name of my grandfather, but now you're no longer afford to testator, for his lifetime hourly calculation. So, my grandmother could testator for the child while not dying grandfather?

Reply to:

Regarding your question we would like to exchange the following:

Individuals have the right testator to dispose of his property; leave their assets to their heirs at law; inherit property under a will or under the law (Article 631 of the Civil Code). For properties under use / possession of your grandfather, the testator must establish his own friend, her friend could not testator to dispose of these assets.

In his case you can not be yourself testator is he you can testator in the form of wills written or witnessed oral testament:

1. oral wills.

According to Article 651 of the Civil Code: In case a person suffers life threatening death due to illness or other causes that can not be written testator may testament mouth. After three months, from the time that oral testament testator is alive, lucid, lucid testament mouth is implicitly canceled.

Oral testament be considered legitimate if oral testator expressed his last will before at least two witnesses, and after that the witnesses recorded, and signature or fingerprint. Within five days from the date of the oral testament to the will wills the end must be notarized or authenticated.

2. testament written witness:

In case the testator himself could not write wills may ask others to write, but there must be at least two witnesses. The testator must sign or testament in front of witnesses; Witnesses confirmed the signature or fingerprint of the testator and signed the testament. (Article 656 of the Civil Code).

Wills must specify:

- Day, month, year testator;

- The full name and residence of the testator;

- Full name of person, agency or organization to inherit property or specify the conditions for individuals, agencies and organizations are entitled to the estate;

- Heritage to leave and where heritage;

- The person appointed to perform the obligation and the content of the obligation.

The testament was not written off or written symbols; wills if many pages, each page must be numbered and signed or fingerprint of the testator.

So you can choose from 02 various alternatives to solve the case on his family.

Sincerely.