The Analysis On A Case Of Mou Sued Lu For Testamentary Succession Disputes

The Common wills is the testament jointly set up by two or more than twotestators. According to the Article15of the Will Notary Rules of the JusticeDepartment, the requirements of changing and revoking the testament and putting itinto effect should be made clear if the testator insists to apply for a common wills. Acommon wills is considered legally effective if it does not violate the law either inform and content, not run counter to the public interest, shows the true intention of thetestator, and conforms to the provisions of elements of the civil legal acts in theArticle55of Civil Law. This case is a family disagreement caused by the revocationof a common wills notarization. After Lu’s death, Mou revoked the common willsthrough notarization. But as for the first provision in the testament that husband andwife is the heir of each other, Mou and his sons and daughters have different ideas onwhether it can be revoked or not, which is also the central issue of litigation in thiscase. According to the overseas cases and the domestic analysis and discussions oncommon wills, it is advised to admit the effect of common wills. The reason is that thecommon wills now has a widening social foundation in our country, which is in linewith the propagation of our traditional culture and reflects the testamentary freedom.The common wills should satisfy the formal and substantive requirements. The pluralsubject of common wills is bound by the wills all together, which is mainly reflectedby the different effective time and the restrictions on unilateral cancellation. Commonwills can be changed or cancelled based on testamentary freedom. However, since thecontents of common wills restrict each other, when one party revoke his or herintention in the common wills, the common wills will disappear with its commonpurpose vanishing. But in order to protect the heir’s benefit, the common wills can bechanged or cancelled when the objective conditions change. The revocation restrictionof common wills is mainly manifested in that the cancellation must be notarizedwithout violating the testators’ true wishes and the testamentary form.