Study On Some Problems Of Revocation Of Wills

Revocation of wills refers to that a testator revokes his will made earlier, thusthis will have no legal effect after the testator passes away. The change of socialreality and testator’s mind will bring about revoking will. The testamentary freedomnecessarily requires protection of freedom of revoking one’s wills. Revocation ofwills is an important part of testamentary succession, which is essential the same asmaking wills in perspective of the legal effect. The present theory of will withdrawdon’t distinguish accurately revocation of wills from alteration of wills. The defects inthe present legislation are mainly: legislative structure is not reasonable, thelegislation words of canceling of wills and revoking wills are confusing, regulationson forms of revoking wills disperses and the forms are not perfect, notarial wills haveto be revoked with a new notarial will, revocation of common wills and restoration ofthe old will are not regulated.From the basic theories of the revocation of wills, which includes the conception, legal requirements, nature and its methods, and then analyzes legislative structures ofrevocation of wills, its specific terms, ways of revoking wills, common wills andnotarial wills in the Inheritance Law of the PRC, in the four “legislation drafts ofinheritance law” advanced by different scholars, and in foreign laws. The authorcorrespondingly summarizes the existing theories, puts forward her views, and therelevant suggestions.Besides introduction, the number of total words of main body is34000.The firstpart is discussing basic theories of the revocation of wills, mainly states the basictheories of the revocation of wills, involving distinguishing revocation of wills fromalteration of wills, the legal requirements, nature of revocation of wills, and introduceits methods, involving the forms of explicit revocation of wills and specify statutoryrevocation of wills.The second part is legislative structure of the Inheritance Law of the PRC.Mainly introduce the legislative structure of the Inheritance Law of the PRC, theexisting different theories, and then analyzes the scholars’ views and foreign laws.Agreeing on the view of revocation of wills put in a single part after establishing awill and before effectiveness of will and implementation of will.The third part is the methods of revocation of wills. Mainly introduce the rules ofexplicit revocation of wills and specify statutory revocation of wills Inheritance Lawof the PRC, the existing different theories, analyze the scholars’ views and foreignlaws. Put forth some views of revocation resulted from conflicts between a earlier willand a later will, revocation by his behavior before death, material revocation.The forth part is revoking notarial will, mainly introduce the rules of that analyzethe scholars’ views and foreign laws, the existing different theories, analyze thescholars’ views and foreign laws. Agree on the view of repeal ling that a notarial willhave to be revoked in a new notarial will. Notarial wills can be revoked by otherforms of wills, the last wills is the effective one.The fifth part is revoking common will, discussing classifies and basic theoriesof common wills, analyze the scholars’ views and foreign laws. Put forward thataction of making the common wills of man and wife is the common action, themention of the testators is independent, one of them can revoke wills in somecondition.The sixth part is restoration of a old will, introduce the existing different theories,analyze the scholars’ views and foreign laws. Agree on the view of not restoration of a old will, but we should analysis this problem on a case-by-case basis.The seventh part is suggestions of legislation, basing on the content from secondpart to sixth part, putting forward specific suggestions of legislation.