On The Formal Requirements Of Testament

The formal requirements of testament is the necessary qualification for making the will. With the substantial requirement, they are both the requirements of testament. Compare to the substantial requirements, the formal requirements pay more attention to the field of technique of law. It could guarantee the truth of testament, prevent dispute. Once it happens, the formal requirements could provide evidence to settle it.As the living standards improving and the wealth developing, more and more people start to pay attention to the testament, and eager to dispose of the property his own by means of a will after his death. The Succession Law in force had been made in 1985,that is twenty years ago. During this period, the economy and the social structures of our country have experienced profound changes. The formal requirements in Succession Law are so simple that could not be suit for the relationship of succession. While the new Succession of Law is planning, the author hope makes in-depth research for this field. Through the study of law of china and foreign between the ancient and modern, the author traces the formal requirements to its source, and then understands the rules'basis and reason. This paper selects Germany, France, British and America for comparative study, draw the essence and turn over to think of the deficiency and then summarize experience.On the basis of analyzing the shortcomings of contemporary legislature of our country, using the legislature experience of the four countries and the legislative proposals of domestic jurist, the author has put forward the suggestions of legislature. First, identify the legislative principles of the rule of formal requirement:the rule of formal requirement is the importment guarantee of the testament's truth; the testament's truth is the ultimate aim of the rule of formal requirements. The rule should make do a will convenient for the people. Secondly, the manner of making the will is divided into general testament and special testament. The general testament includes holographic wills, notarial wills, allograph testament and seal testament.The formal requirements of general testament concludes the following aspects:the one is that record the content of the will. The will is recorded through word or sound in a material object. There is specific content and time and place. There is signature in the place of making changes. The second is witness and insinuation. There are two and more witnesses to the will who can understand the procedure of making a will. There are two notary public for seal testament and notarial wills. The third is signature. As to nuncupative will, it is made by the one who is a dying person or the one in danger of death before two witnesses. After the critical moment, the witnesses make a record according the content of the will and submitted it to a notary agency. The testament automatically cease to be in force after ninety days.Once a testator immersed into another crisis in this period, the time will be left off, and recount after the critical moment.