At the same time, new forms such as “wechat will” are favored by young people. However, relevant people also remind that “wechat will” does not have legal effect. Contents involving property distribution still need to make a legal will. In the process of use, we should also pay attention to the protection of personal information security.
Since the outbreak of covid-19, the Chinese testamentary library has been carrying out the message function of the WeChat wills. According to the white paper, in 2020, Zhonghua wills database received nearly 70000 “wechat wills”. During the most serious period of the epidemic, that is, from February to March 2020, the number of “wechat wills” left by the public was the largest, and at the peak, thousands of wills were received a day. According to the data, among the people who left “wechat wills”, the age concentrated between 20 and 30 years old, accounting for 38.7%, followed by those under 20 years old, accounting for 27.4%.
It is understood that China will bank is a public welfare project jointly sponsored by China foundation for the development of the cause of the elderly and Beijing Sunshine elderly health foundation in 2013. Through the “wechat will” function, users can create a message of less than 3000 words in the small program, and upload pictures or record video and audio. After creating a message, users need to input their own name, gender and other basic information, and then select the sending method and delivery date. After that, users can also change or delete the message content and personal data through the applet.
According to the white paper, among the contents of “wechat will”, 34.41 are blessings and prayers to lovers and family members, 32.72 are confessions to lovers and spouses, 19.66 are life experiences and future prospects, 11.38 are encouragement to oneself or relatives and friends, and 4.83 are reasons and ideas for making a will.
“Post-90s” are more concerned about virtual property
The white paper also shows that the types of property involved in the “post-90s” wills are bank deposits accounting for 81.61%, real estate accounting for 71.54%, virtual property accounting for 21.35%, securities funds accounting for 7.31%, insurance policies accounting for 2.67% and company equity accounting for 1.3%.
“Who will inherit the glory of my king?” “Just don’t open my wechat microblog account” Virtual property has become a “thing after death” that “post-90s” worry about. Then, how to arrange and inherit the virtual property when making a will?
Gao Tongwu, senior partner of Beijing Ying Ke law firm, told reporters that the money on Alipay and WeChat is essentially the same as bank deposits. The public should pay attention to the identification and segmentation of money when setting up testamentary arrangements. Since Alipay and WeChat have special forms, they can be inherited by one person and other successors receive a discount.
At the same time, the data in the game account and the network virtual property are protected by law, but there is no specific qualitative and solving measures for such property involved in the civil field. Whether it belongs to personal property or not can be inherited as a legacy needs to be combined with the user agreement of game operators. Most game operators specify in the user agreement that the virtual property and data in the game belong to the operator, that is, the personal property that does not belong to the user can not be inherited as a legacy in the will.
In addition, for QQ, wechat, microblog and other social media accounts, the current domestic user agreements of these software basically indicate that the user only has the right to use after registration, and the ownership belongs to the operator, which means that the user can not transfer these accounts through bequest, inheritance, lease, assignment and other means, and can not be written into the will as a legacy. In practice, these accounts may be frozen if they are not operated by the registered person. Once there is a dispute, it is difficult to get the cooperation of the operator.
How to ensure information security
How to ensure the security of personal information in the operation of “wechat will” function? Gao Tongwu said that there may be hidden dangers of network hackers in the “wechat will”, which is easy to make the true information of the testator leaked to the public, thus causing further personal and property security risks. For operators, we should pay attention to strengthen the maintenance of the network system to prevent hackers from causing user information leakage and endangering their property security. For users, to standardize their use behavior, strictly follow the system prompts, in order to effectively prevent the occurrence of personal information security risks.
In addition to the form of “wechat will”, Gao Tongwu also reminded that if conditions permit, he should try his best to choose the way with legal effect, and make personal wills in the form of wills explicitly stipulated in the civil code, so as to reduce the legal risk of invalid wills.
It is understood that the succession section of the civil code, which came into effect on January 1 this year, has added print wills and video wills as effective forms of wills on the basis of notarized wills, proxy wills, self written wills, recorded wills and oral wills stipulated in the original inheritance law.
Gao Tongwu pointed out, “with the development of society, people have more and more kinds and forms of property, and there are more and more factors and risks that make property unstable. In order to ensure the proper management, smooth division and timely division of the estate, better safeguard the interests of heirs and creditors, and avoid and reduce disputes, the new way of testamentary succession provides convenience for this.