Effectiveness Of Maitenance Agreement By Will : A Contract Law Perspective

For a long time, maintenance agreement by will was regarded as a way of inheritance, while rarely discussed from the perspective of Contract Law. As a special contract, maintenance agreement by will shall be governed by the General Provision of Contract Law as the same as other contracts when no specific provisions provided. Maintenance agreement by will can also be revocable, under uncertain validity, or both. With different effectiveness, different claims can be choosed which may lead to different results.This article raises the problem of the effectiveness of maintenance agreement by will by a division case: what will happen when a maintenance agreement has different effectiveness at the same time and how to choose a wise claim.The article can be divided into several parts: the raise of problem, the affirmation of effectiveness of maintenance agreement by will when dispose of others'property, the handle method under different effectiveness and the suggestion of current law.