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我国《继承法》对代书遗嘱的形式要件要求比较严格,只要代书遗嘱的形式要件部分欠缺,即使能够证明代书遗嘱的内容是遗嘱人的真实意思表示,该份遗嘱仍然无效。随着时代的发展,这样对形式要件的严格要求显然不能满足社会生活的需求。
The “Succession Law” of our country requires more stringent requirements on the form requirements of representative books. As long as the formal requirements of representative books are partly missing, even if it can be proved that the content of representative books is the true meaning of the testator, the will is still invalid. With the development of the times, such strict demands on formal elements clearly can not meet the needs of social life.