In emergency situations, some individuals may verbally communicate their final wishes, while others may record the contents of their will via audio or video recordings. As special forms of wills, oral wills and audio/video wills are not automatically valid merely by being spoken or recorded; the law imposes strict conditions and formal requirements for their application.

  According to Article 1138 of the Civil Code, a testator may make an oral will under circumstances of urgency. Such an oral will shall be witnessed by at least two witnesses present. If, after the circumstances of urgency have ceased, the testator is able to make a will in writing or by means of audio or video recording, the oral will shall be invalid. The scope of application of oral wills is extremely limited and they are only valid under circumstances of urgency.

  The core element of an oral will is the presence of a "critical situation" – such as when the testator is facing imminent danger to their life, for example, due to a sudden illness or a major natural disaster – and the presence of at least two disinterested witnesses to witness the act. Once the critical situation has been resolved, if the testator subsequently executes a written will or a recorded audio-visual will, the original oral will shall automatically become void. In practice, however, the difficulty in defining what constitutes a "critical situation" and meeting the witness requirements often leads to disputes over oral wills, making the determination of their legal validity particularly challenging.

  According to Article 1137 of the Civil Code, a recorded or video-witnessed will requires the testator and the witnesses to respectively record their names or portraits, as well as the year, month, and day, within the recording or video recording. The testator and the witnesses must clearly identify themselves in the recording or video recording, and the date must also be recorded in the same recording or video recording; both requirements must be met.

  The eligibility of witnesses is subject to strict limitations; persons lacking civil capacity, persons with limited civil capacity, heirs or legatees, and persons who have an interest in the heir or the legatee may not serve as witnesses. If a witness is disqualified, the will may be deemed invalid.

  Practical advice: Unless in an emergency, oral wills are generally not recommended; audio or video recorded wills should fully capture the entire process – including the testator's statement and the witnesses' confirmation of their identity and the date – and the original recording should be properly preserved. When circumstances permit, handwritten wills or notarized wills are preferred, as their legal validity is better assured and disputes are fewer.

  It is also important to note that, regardless of the form of the will adopted, the authenticity of its contents and the proof of the testator's legal capacity are of paramount importance. If an elderly perso  n is experiencing any signs of illness or cognitive impairment when drafting a will, it is advisable to retain medical records or seek the presence of a professional witness to minimize potential disputes regarding the validity of the will in the future.

  It should also be noted that oral wills and audio-visual wills are less reliable than written wills in terms of both applicable scenarios and legal probative value; moreover, family members are more likely to question their authenticity and validity. To avoid posthumous disputes, testators who meet the necessary conditions should, whenever possible, opt for a more formally complete written will or a notarized will to properly arrange the distribution of their estate.

  In conclusion, an oral will is only valid in emergency circumstances and is highly susceptible to invalidation; in contrast, an audio-visual will must meet the requirements regarding witnesses, as well as the formal formalities pertaining to the recording of the date. The form of a will directly affects its legal validity; therefore, it is advisable to use a standardized handwritten will or a notarized will whenever possible, and to consult a qualified attorney when necessary to ensure that the will is legally valid and effective.