“After 00” also began to make a will? That’s right. According to the white paper of China wills bank 2020 (hereinafter referred to as the white paper) recently released by China wills bank, the public’s acceptance of wills is gradually increasing. More and more young people make wills ahead of time to plan their property. From 2017 to 2020, the total number of “post-80s” who make wills has increased nearly seven times in four years, and even “post-00s” have begun to make wills Make a will. At the same time, “wechat will” and other new forms are favored by young people. However, relevant people also remind that “wechat will” does not have legal effect, and the contents involving property distribution still need to make a legal will. In the use process, we should also pay attention to personal information security and social ethics.
Nearly 70000 people make “wechat will”
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 worst epidemic period, that is, from February to march in 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 the people under 20 years old, accounting for 27.4%, many of them are students.
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.
Beijing Business Daily reporter opened the “wechat will” interface and saw the prompt text that “this message does not constitute a will in the legal sense”. The relevant message shall be kept and delivered to the designated recipient by Zhonghua wills bank. In terms of charging, users can upload the first video, recording and picture file for free. When they upload the second to the sixth file, they charge 0.8 yuan, 2.8 yuan, 4.8 yuan, 8.8 yuan and 9.8 yuan in turn. The prompt shows that “the fees collected shall be owned by Gongming company to offset the development, entrusted management and operation and maintenance expenses, and the surplus shall be enjoyed by Gongming company”.
According to the white paper, 34.41% of the contents of “wechat will” 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 words to oneself or relatives and friends, and 4.83% are reasons and ideas for making a will.
In an interview with Beijing business daily, Chen Kai, director of the Management Committee of the China wills bank, said that “wechat wills” is cool and convenient enough. Chinese people are still not good at expressing themselves in many cases. Moreover, the information conveyed in this way is more meaningful with the precipitation of time.
“When young people use wechat wills, they sometimes involve property information, such as some clues about property, card number, account number, password, etc., so that family members can find them in the future, as well as some accounts of debt exchanges between relatives and friends. If the content of property distribution is involved, they will be prompted to make a legal will to arrange it. ” Chen Kai said.
Worry about virtual property
“It’s normal for young people to make wills,” Xiao Ping, who lives in Jiangsu Province, told Beijing business daily. Moreover, not all young people have no property under their names. Even if they just want someone to take care of their own affairs, it is necessary to make a will. “.
Xiao Ping told Beijing Business Daily that she hopes to deal with property and personal privacy related issues by making a will, such as dealing with social accounts. “Whether it is a carefully operated public official account, or how to record everyday micro-blog accounts, they may all have their own ideas. There are many people in the fund, stock, Alipay, WeChat change, also need to remind others to dispose of these assets.
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 the Beijing Commercial Daily reporter that the money on Alipay and WeChat was essentially different from that of the bank. The public should pay attention to the identification and segmentation of the money when setting up the testamentary arrangement. Since Alipay and WeChat have special forms, they can be inherited by one person and the other heirs 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 integrate the new trend and ethics
Xiao Ping once started the “wechat will” app, but she didn’t use it in the end. “At present, I won’t make a will on wechat. I don’t trust this Internet form. Originally, my privacy has been leaked seriously.” She said it straight.
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, it is necessary to standardize their own use behavior and strictly follow the system prompts to effectively prevent the occurrence of personal information security risks.
Chen Kai told Beijing Business Daily that in the operation of “wechat will”, information security will be guaranteed through the setting of technology, internal authority and process. At the same time, auditors will be subject to identity review, and strict training and assessment will be conducted to sign confidentiality agreement.
In addition to information security issues, there are also views that making wills too early may lead young people to commit suicide, or lead to social ethics and public security issues such as murder of beneficiaries. However, at present, the “wechat wills” that people see are more emotional wills or spiritual wills. Such wills may not have legal significance. Although it is only a change in the carrier, many emotions that cannot be reposed are finally placed, creating a channel for life without regret.
Gao Tongwu reminded that if conditions permit, we should try our best to choose the way with legal effect to make personal wills in the form of wills explicitly stipulated in the civil code, so as to reduce the legal risk of invalidation of wills.
It is understood that the succession section of the civil code, which came into effect on January 1 this year, has added printed 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.
Beijing Business Daily reporter Tao Feng and LV Yinling
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