Australian System Of Intestate Succession

Property inheritance system was found with the birth of private ownership system. Since humanity society departed from Primitive society, inheritance system has been being the most important adjustment mode to society relationship all the time. Generally, property inheritance system is divided into two systems that are the Intestate Succession System and the Testament Succession System. Compared the former, the latter makes freedom of personal will more respected and protected. With the development of the society and the enhance of the legal consciousness of people, more and more people want to make a will to dispose of their estates. However, because of some historic and technical reasons, our Testament Succession system had some flaws. Most scholars have researched the Testament Succession System in the typical countries such as U.S.A., France, England, Japan, Germany and so on. However, so far few scholars have researched the system of Australia. In addition, our civil code has been being constituted and succession system will be one part of the code so that our Testament Succession system should be improved as soon as possible. This paper tries to give some suggestions for perfecting Legislation of our country based on the study of Testament Succession System in Australia .This paper contains 4 parts except introduction about 40 thousand words.In the first part, the Legislation background of Testament Succession System in Australia. The part involved with the introduce of the history of Testament Succession System in Australia, and the reform summary of modern Testament Succession System in Australia.In the second part, main content of Testament Succession System in Australia. Firstly, the freedom of will and Family Provision System are introduced; secondly, formalities for a valid will are expounded; thirdly, revocation, alteration, revival and republication of wills are summarized; Besides, interpretation system of a will and the administration of the estate are involved.In the third part, comment on the Testament Succession System in Australia. Based on the second part, the part makes a comparison between ours and Australia's. Compared with the Testament Succession System in China, characteristic systems in Australia are the Family Provision System, formalities for a valid will, revocation, revival and republication of wills, interpretation system of a will ,and the administration of the estate.In the fourth part, enlightenment in study of Testament Succession System in the Australia. I first point out that with our county open to the outside world, socialistic market economy becomes more and more consummated, people become richer, the testament succession in our country have not fitted the development of society and need be amended as soon as possible. The main defects are as follows: necessary estate share system is short of the standard of the estate share, which gives court much too free, notarization will has too high effectiveness, record will can not obtain kinescope will, unwritten will is short of lapse period, estate administration is too simple, and our testament succession is short of explanation system of a will.Finally, the author puts forward some suggestions for the legislation of our Testament Succession System. First, improving the necessary estate share system. Second, reducing the effectiveness of notarization will, prescribing the lapse period of unwritten will to be 3 months, recording will should be only used in special situation. Third, increasing the regulations about interpretation system of a will. Fourth, amending regulations about executor system, including prescribing the qualification of the executor and their rights and obligations.