The lawyer explained the duties of criminal defense lawyers at the stages of investigation, review of prosecution, and trial: meeting with clients, applying for bail, reviewing case files, cross-examining witnesses, and excluding illegal evidence. He also cited legal provisions such as Article 37 of the Criminal Procedure Law as references.
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The lawyer explained the role of lawyers in the review stage of the death penalty: submitting opinions that are not approved, applying for hearings, and supplementing sentencing circumstances. If the opinion is not approved, the case may be sent back for retrial or a new sentence may be imposed, and the outcome depends on the evidence and the application of the law.
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The lawyer explained that a will can be subject to conditions or obligations. Article 1144 of the Civil Code stipulates that if the obligations are not fulfilled, the inheritance rights of the part subject to obligations may be revoked. The lawyer also cited legal precedents to illustrate that the performance period can be determined at the court's discretion.
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The lawyer explained the three ways to revoke a will and the key points of the operation: Article 1142 of the Civil Code allows for the revocation and modification of a will, and the last will shall prevail among several wills. It is advisable to handle notarized wills in accordance with the notarization procedures, and the revocation and re-establishment of a will should be carried out simultaneo...
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The lawyer explained that in the event of conflicting wills, the latest one shall prevail. There is a risk of invalidity for wills without a date, and if the order of precedence cannot be determined and the conflicting parts cannot be resolved, the inheritance shall be handled in accordance with the law. Evidence collection and the suggestion to make a new will are also provided.
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The lawyer explained that the will made by a person who lacks the capacity for civil conduct is invalid. According to Article 1143 of the Civil Code, the determination of the validity of the will shall be based on the time of its conclusion, and the preparation of evidence and advice on its conclusion shall be provided.
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The lawyer explained that the fact that the testator had the capacity to make a will when making the will but later became incapacitated does not affect the validity of the will. According to Article 1143 of the Civil Code, the will cannot be amended during the period of incapacity, and guardianship advice should be provided.
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The lawyer explained that only the amended content of the will is invalid, and the rest of it is still valid. According to Article 1143 of the Civil Code, he also pointed out that if the forgery and amendment are serious, the inheritor may lose the right of inheritance.
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The lawyer explained that the validity of the legacy maintenance agreement takes precedence over the will: According to Article 1123 of the Civil Code, the agreement shall be implemented in accordance with the agreement, and the content of the will that conflicts with the agreement shall no longer be executed. Attached are evidence and processing suggestions.
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The lawyer explained that the executor can also serve as a qualified witness, but the total number of witnesses must be more than two. He also explained the standard requirements for signing a testamentary will, including the date of signing and the screening of interested parties.
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The lawyer explained that according to Article 1140 of the Civil Code, persons with limited civil capacity are not allowed to serve as witnesses to wills, and he also explained the selection criteria for qualified witnesses and the methods of providing evidence in the event of disputes over their qualifications.
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The lawyer explained the impact of the witness's failure to sign on the validity of the will: a self-written will does not require a witness, but a written and printed will without the witness's signature may be invalid. He cited an example of a real estate will handling case to illustrate this point.
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The lawyer explained the entire process of divorce litigation representation: entrusting appraisal, filing a lawsuit, serving and providing evidence, mediation, court hearings, and enforcement. He also explained the key points of each stage in handling cases involving marital invalidation, domestic violence mediation, and family property division.
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The lawyer explained the judicial trend in the first divorce lawsuit: if the evidence is insufficient, the court will generally rule against the divorce; if there are statutory circumstances of marital breakdown, or if the couple separates for more than a year after the court rules against the divorce and then files for divorce again, the court should rule in favor of the divorce.
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The lawyer explained the handling of joint debts during divorce: according to Articles 1064 and 1089 of the Civil Code, the debts should be repaid jointly. If no agreement can be reached, the court will make a judgment, and the lawyer cited a case to illustrate this point.
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