CONSULTATION ON REVIEWING AND MAKING A WILL IN PRISON

Matter in Brief:

Mrs. M is a client seeking legal advice from TAPHALAW. She has reported that Mr. P (her husband) is currently serving a life sentence at CH Prison (based on the Judgment and Execution Decision of the People’s Court of H City). Mr. P frequently suffers from strokes and other health problems, and therefore wishes to make a will at the prison, leaving his property to Mrs. M and their children. Mr. P has written a handwritten will expressing his wishes, given it to Mrs. M, and asked her to contact the law firm for accurate advice on the legal effectiveness of this will. If the will is unlawful, Mrs. M requests that the law firm advise on how to proceed and remake the will.

Client’s Request:

Mrs. M requests that TAPHALAW provide legal advice and assessment on the legal effectiveness of the will made by Mr. P. If the will is invalid, Mrs. M requests that TAPHALAW advise on how to resolve the matter.

Attorney’s Work Performed:

1. Assessment of legal effectiveness of the Will

Upon receiving the request, TAPHALAW’s attorney reviewed the Will and related documents provided by the Client, cross-referenced them with current legal regulations, and provided advice on the legal effectiveness of the Will and relevant notes.

The main contents assessed by the attorney include: (i) The testator’s health condition at the time of making the Will and currently; (ii) Formalities of Will; (iii) The legal capacity of the testator; (iv) Information and legal capacity of the beneficiaries; (v) Information about the bequeathed assets and their location: Assessment and evaluation of the legal status of the assets listed in the Will, based on the asset information stated in the Will and related legal documents.

2. Proposed options for amending, supplementing, replacing, revoking the Will to ensure its legality

Based on Mr. P’s medical records, indicating his health and mental condition are not guaranteed; and after reviewing and assessing the Will, showing that some contents mentioned in the Will are unclear, potentially risking the Will’s invalidity, the attorney has proposed to the Client various handling options and the advantages, disadvantages of each option: (i) Proceeding with amending the Will; (ii) Proceeding with supplementing the Will; (iii) Proceeding with revoking and remaking the Will. These procedures will be conducted at the prison with the participation of a competent Notary Public.

3. Advice on the procedure for custody the Will to ensure objectivity

TAPHALAW’s attorney has advised Mrs. M that she can request a Notary Public or a trusted person to keep custody of the Will, and the obligations of an individual keeping custody of a will.

Consultation Outcome:

Based on the legal advice of the attorney, Mr. P and Mrs. M have opted to revoke the existing will and create a new one. Mrs. M has requested TAPHALAW to provide the following legal services:

(i) Drafting a new will.

(ii) Advising and assisting Mrs. M in contacting the competent notary public to complete the will-making procedures at the prison.

As a result, the will executed by Mr. P is legally effective and its content accurately reflects the wishes of both Mr. P and Mrs. M.