1. Can the will be made by audio and video recording?

Wills can be made by audio and video recording. Article 1 137 of the Civil Code of People's Republic of China (PRC) stipulates that a will made in the form of audio and video recording shall be witnessed by more than two witnesses. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.

Second, the form of will.

1, notarized will

A notarized will shall be handled by the testator through the notary office. Notarization of wills requires the testator to go to the notary office where his household registration is located in person, and cannot entrust others to act as agents. If the testator cannot go to the notary office to notarize his will in person due to illness or other special reasons, he may ask the notary office to send a notary to the place where the testator is located to notarize. It is worth noting that if the testator wants to change or cancel the original notarized will, he must also go to the original notary office to handle it.

2. Self-book club

A self-made will must be written and signed by the testator, indicating the year, month and day of production. A self-made will also has legal effect without the presence of witnesses.

3. Wills representing books

A will written by proxy refers to a will written by someone else because the testator can't write.

4. Audio-visual concert

The recorded will refers to the will made by the testator in the form of recording.

5. Oral will

Third, the effective elements of the will.

1, the testator must have testamentary capacity.

Testamentary capacity refers to the ability of a natural person to make a will and dispose of his property freely according to law. Will is a civil act, and the founder must have corresponding civil capacity. According to the current law of our country, only people with full capacity for civil conduct have the ability to make wills, that is, the ability to make wills, and those without full capacity for civil conduct do not have the ability to make wills. Therefore, the testator must be a person with full capacity for civil conduct.

2. The will must be the true meaning of the testator.

A will must be the true intention of the testator to dispose of his property, because the true intention is a necessary condition for the validity of civil acts. Whether a will is the true expression of the will of the testator should, in principle, be based on the last expression of the will made by the testator. A will made by coercion or deception is invalid; Forged wills are invalid; If the will is tampered with, the tampered contents are invalid.

3. The will does not cancel the inheritance right of the heirs who lack the ability to work and have no source of income.

4. The property disposed by will is the personal property of the testator.

A will is a civil act in which the testator disposes of personal property, so he can only dispose of personal legal property. If the testator disposes of the property owned by the state, the collective or others by will, that part of the will shall be deemed invalid.

5. A will shall not violate public interests and social morality.

Civil acts that violate social public interests and social morality are invalid. If a will harms the public interest or its contents violate social morality, it is invalid.

Legal objectivity:

Article 137 of the Civil Code stipulates that a will made in the form of audio and video recording shall be witnessed by more than two witnesses. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.