A recorded audio or video will of must be witnessed by at least two witnesses. The testator and the witnesses should record their names or portraits and the date in the audio or video. Otherwise, it may be invalid.
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A joint will generally cannot be revoked unilaterally at will. When both parties are still alive, any changes to their own property must be determined in accordance with their agreement. In the event of conflicts between multiple wills, the latest one shall prevail.
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The validity of a joint will depends on its form and true intent: one party disposes of their share upon their death, and the other party's share takes effect upon their death. If there are formal defects in the will, some parts of it may be invalid.
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The family partition agreement must be genuinely signed by all right holders, and its content must not violate mandatory provisions or public order and good customs. It is more secure and effective to clearly state the subject matter and timely handle the change registration.
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Yes, provided that the parents of the nephews (the siblings of the decedent) die before the decedent and are legal heirs; in the case of a bequest, it shall be handled in accordance with the sixty-day acceptance period.
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Generally, aunts and uncles are not legal first- or second-tier heirs and do not have the right to inherit directly. However, if they provide significant support to the deceased, they may receive a portion of the inheritance, or they may receive a bequest according to the deceased's will.
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The cooling-off period is 30 days, during which either party may withdraw from the divorce. After the cooling-off period, both parties must attend the court to obtain the divorce certificate within 30 days. This period can be used to verify assets, prevent the transfer of assets, prepare child support materials, and secure legal protection in a timely manner.
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The ordinary procedure for custody litigation generally lasts six months, and the summary procedure lasts three months. If the first trial does not result in a divorce, the plaintiff must wait six months before filing another lawsuit. However, if the plaintiff collects evidence in advance, the litigation period can be shortened.
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The prenuptial agreement mainly stipulates property matters. Regarding the custody of children, the agreement does not preclude the court from reviewing it in accordance with the principle of what is most beneficial to the minor children. When it comes to divorce, the ultimate criterion will still be the interests of the children.
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A lawyer can assist in reporting the case to the police, obtaining evidence, applying for a personal safety protection order, representing the client in divorce custody and damage compensation cases, and, if necessary, pursuing civil or criminal charges. The validity of the protection order shall not exceed six months.
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For those with a fixed income, the alimony payment is generally set at 20% to 30% of their total monthly income. For those supporting more than two children, the alimony payment may be appropriately increased, but generally not exceeding 50%. The amount should be determined based on the needs of the children and the payer's ability to afford it.
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Before marriage, if a couple buys a house and repays the mortgage together after marriage, the property can be awarded to the registered party in the event of divorce, and the registered party shall compensate the other party for the repayment of the mortgage and the corresponding appreciation in value. Lawyers are better equipped to calculate the repayment records and the valuation of the appreci...
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According to the regulations, the consultation is subject to the confidentiality obligation stipulated in Article 38 of the Lawyers Law. By choosing a law firm through official channels and clarifying the confidentiality requirements, the consultation records will not be used for marketing purposes, ensuring better protection of privacy.
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Marriage and family cases often involve intertwined financial and emotional issues. Through team collaboration, we can divide tasks to complete property investigations, evidence collection, court hearings, and communication, thereby reducing the risk of omissions and improving our ability to control the case.
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Custody disputes can be mediated, and the mediation agreement has the same legal effect as a court judgment. Visitation schedules and child support adjustment mechanisms can be customized. The first-instance trial should be completed within six months, and summary proceedings should be concluded within three months.
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