The Legal Validity Of Notarial Will Is Discussed In This Paper

A notarial will appear, it is a legal form to deal with family property dispute’s good form. A notarial will appear with the notarization institution and the emergence of notarization system evolved. The law of wills provisions in general by the civil code or a separate testamentary succession law. But in our country, because of the absence of the civil code, the testamentary succession laws, only in" the people’s Republic of China Inheritance Law" stipulated 7 (the Supreme People’s Court on the implementation of (the people’s Republic of China Law of succession) opinions on several problems of 9), the law is promulgated from 1985 since the implementation of more than 26 years, is more in practice by the court of judicial discretion. But with the development of our national economy, and the state of the family planning policy, China’s population structure has undergone a fundamental change, people’s living standard, the private property in the constantly improve and increase," Inheritance Law" provisions have become serious lag, is too simple, applicability, etc. In modern society, fortune of average per capita has volume growth, society brought tremendous pressure and occupation of the highly dangerous, the public to testamentary disposition after the death of property act more and more, the testator increasingly younger. Because the law consciousness strengthens continuously, people choose to have priority of the effectiveness of the notary Testament, with the proportion of the growing, so the importance of probate has been known to the world.This article from the real-life case sets out, the current situation proceed with from the notary Testament, using the method of theory with practice, mainly from the aspect of procedure, review discusses how to guarantee the notary Testament legal effect, and through to the notary Testament potency question, implementation issues and discusses the legal effect of side of notarial will.The first part of the article is to the notary Testament legal effect recapitulative narration, including a notarial will present situation in China, the concept, characteristics, as well as China’s notary Testament effectiveness of law. The second part is the key content, mainly through the notary Testament program elements and solid elements and review, the rules of evidence aspects, that how to guarantee the legal effect of notarial will. The third part is to the effectiveness of the query, including the priority validity challenged and notary Testament effectiveness of concession. The fourth part discusses the implementation of a notarial will the problem of effectiveness, including notary Testament presumed valid, a filing system in the implementation of the notarial will influence the effectiveness of the.