Pursuant to Article 632 of the 2015 Civil Code, the witnesses for the making of a will to inherit land use rights and house ownership rights (collectively referred to as houses and land) are as follows:
Anyone can be a witness to the making of a will, except the following:
(1) The heir by will or by law of the testator.
Accordingly, the person to whom the testator gives the inheritance according to the will will not be allowed to be a witness.
In addition, the legal heir of the testator is not allowed to witness the making of this will, namely: Heirs (people who have a marital, blood, or foster relationship with the testator) and are in the line of inheritance.
(2) Persons with property rights and obligations related to the content of the will.
(3) Minors, people without civil capacity, people with difficulty in cognition and behavior control:
- A minor is a person under 18 years of age.
- A person lacking civil capacity is a person declared by the Court to be lacking civil capacity based on the conclusion of a forensic psychiatric examination.
The court does not arbitrarily decide to declare a person to have lost civil capacity, but does so when a person is mentally ill or suffering from another disease and cannot perceive or control his or her behavior, at the request of a person with related rights or interests or of a relevant agency or organization; and at the same time, the decision is only made on the basis of a forensic psychiatric assessment.
- A person with difficulty in cognition and behavior control is a person declared by the Court to have difficulty in cognition and behavior control, specifically:
A person aged 18 years or older who, due to a physical or mental condition, is unable to perceive or control his or her behavior but has not yet lost civil capacity, shall, at the request of this person, a person with related rights or interests, or a relevant agency or organization, based on the conclusion of a forensic psychiatric examination, issue a decision declaring this person to be a person with difficulty in perceiving or controlling his or her behavior, and appoint a guardian and determine the rights and obligations of the guardian.
