The fees for notarized wills are determined by local judicial and price departments on a per-case or per-subject basis, and there is no unified national pricing. It is recommended to consult local notary agencies and pay attention to distinguishing notary fees from attorney fees.
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A notarized will requires the testator to apply to a notary office in person, undergo identity and property verification, have a transcript made, and receive a certificate. According to Article 1139 of the Civil Code, the notarization process is handled by notary offices, which ensures the standardization of the process and the strong legal effect of the will.
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An oral will is only valid in emergency situations. It cannot be retroactively converted into a valid will after it is supplemented with a written record. According to Article 1138 of the Civil Code, it should be re-established in other forms after the emergency is resolved.
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If the witness of the will is an heir, he/she is not qualified, and the will he/she witnesses may be invalid. According to Article 1140 of the Civil Code, the relevant property will revert to statutory inheritance. It is recommended to initiate litigation to confirm the validity of the will.
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An oral will must be made in an emergency situation and in the presence of two or more witnesses. If the emergency situation ends and the testator can make a will in another form, the oral will is invalid, and its effectiveness depends on whether the emergency situation actually existed.
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There are major flaws in the act of heirs making a will by recording videos with their own mobile phones: heirs, legatees, and their interested parties cannot serve as witnesses. The act of making a will must be witnessed by at least two people who have no interest in the inheritance.
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A will that only includes a recording without video footage is considered a recorded video will. Its legal validity depends on whether it meets the statutory requirements: the presence of two or more witnesses, and the recording of the testator's and witnesses' names or portraits, as well as the date and year.
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If sued for divorce, the defendant shall submit a defense statement within 15 days, responding to each item regarding the breakdown of the marriage, child custody, and property division; the defense statement must state whether the defendant agrees to the divorce and the factual reasons, and may refer to the opinions of professional lawyers for reference.
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The pre-marital property agreement should specify in writing the property information, the source of the investment, the ownership of the property, and the sharing of loan repayment after marriage. It is binding on both parties according to Article 1065 of the Civil Code. It is recommended to keep the investment certificates and, if necessary, have them drafted and reviewed by a professional lawye...
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If the other party refuses to pay child support, you can first negotiate with them. If the negotiation fails, you can file a lawsuit in accordance with Article 1085 of the Civil Code, and after the judgment, you can apply for enforcement. If they refuse to pay, they may be listed as a person of bad faith and be detained.
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After the custody judgment takes effect, it can be changed according to law. According to Article 56 of the Interpretation of the Marriage and Family Code, if there are circumstances such as abuse, failure to fulfill custody obligations, or children over the age of eight wishing to live with the other party, a request for a change can be filed.
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If one party squanders the couple's joint property, the other party may, in accordance with Article 1092 of the Civil Code, claim a smaller share or no share at all; they may request a division of the property during the marriage or upon divorce, and may also seek compensation during the divorce process.
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To prevent the fabrication of debts during divorce, it is necessary to fix the evidence of the authenticity of the loans. According to Article 1064 of the Civil Code, joint debts require joint signatures or to be used for the family's common life. Debts that are not supported by evidence will not be supported by the court.
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Pre-marital property planning can be achieved by signing a pre-marital property agreement, notarization, and retaining investment certificates; according to Articles 1063 and 1065 of the Civil Code, the scope of personal property is clearly defined, which helps to avoid the property being divided during a divorce.
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The fees charged by attorneys for custody cases are not standardized. They are calculated on a per-case basis or as a percentage of the case value. For marriage and inheritance cases, contingency fees are prohibited. The specific fees will be determined in the power of attorney contract. It is recommended to clarify the fee details in advance.
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