Taiwan’s Civil Code, Book V Succession, Chpt III, Wills stipulates that five different types of wills are acceptable in Taiwan. These include the holographic (self-written) will, notarial will, secret will, dictated will and the oral will. The basic requirements for each (except the oral will) of these are as follows:
Holographic Will:
The testator must himself write the entire text of the will, indicating the complete date and sign the same. If any amendment or deletion is subsequently made by the testator, he must sign an additional note at the place of the amendment or deletion and indicate the number of words in the amendment/deletion. A handwriting expert will need to verify the signature of the testator on the will.
Notarial Will
Testator must designate at least two (2) witnesses and make an oral statement of his testamentary wishes before a notary public. The statement must be written down, read over and explained by the notary public, and after the testator has given approval, the will must be signed by the testator and the witnesses, with the complete date indicated. If the testator for any reason cannot sign his name, the notary must record the reason for this inability and make an imprint of the testator’s finger print where his signature would otherwise be made.
Secret Will
Testator must, after signing the will, have the same securely sealed within an envelope and then sign his name again across the seam of the envelope seal, designate at least two (2) witnesses and declare before a notary public that the document inside the envelope is his will, and if not written by himself, also declare the name and address of the third party who drafted the will. The notary public must indicate on the envelope the date on which the will was brought to her and the declaration of the testator and sign the envelope together with the testator and the witnesses.
Dictated Will
The testator must designate at least three (3) witnesses, make an oral statement of his testamentary wishes, have the same written down, and have the statement read over and explained by one of the witnesses. After the testator approves the will, the complete date is indicated on the will and the name of the witness who wrote the will is indicated as well. The will must then be signed by the testator and all three witnesses.
The oral will is used when the testataor is in imminent danger of dying and unable to make any of the other above-types of wills. If the testator, within three (3) months of the date of an oral will regains the ability to make another will, the oral will becomes null and void.