Ministry of Justice, Notarization of Wills Detailed Rules

Promulgated: March 24 2001
Effective: July 1 2001
Interpreting authority: Ministry of Justice
Applicability: Notarization of wills is the legal procedure by which a notarial office attests that the making of a will by a testator is authentic and legal (Article 3).

Main contents: The Rules provide that the notarial office at the place where the testator lives or where the will is made has jurisdiction over the notarization of a will (Article 4). To notarize a will, the testator shall apply to the notarial office in person, but if it is difficult for the testator to do so, he may request, in writing or orally, notary officers to come to his domicile or temporary domicile to effect the notarization (Article 5). The notary officers conducting the notarization shall explain to the testator the laws relating to wills and the legal effects of the notarization (Article 10). The notary officers shall also make sure that the testator is not under duress or fraudulent influence in making the will (Article 11). The notary officers shall take notes of the disposition the testator is making in the will and of other related matters, normally without the presence of third parties other than the witness and the interpreter (Article 12). In certain special circumstances, the conversation between the notary officers and the testator shall be recorded or videotaped (Article 16). The notarial office shall issue a notarial certificate for a will if it is satisfied that, among other things, the will is the true expression of the testator (Article 17). The notarized will shall be signed by the testator or stamped with his/her seal or hard print (Article 18).
Related legislation: PRC, Inheritance Law; PRC, Notarization Tentative Regulations; Notarization Procedural Rules (Trial Implementation) and PRC, Civil Law General Principles, Apr 12 1986