Research On Form And Legal Efficiency Of Wills

Inherit intestate as an important way, reflects the will of the testator’sfreedom. The forms are important parts of wills intestate successionsystem, to determine the validity of a will on the premise that the formsof the wills must comply with the relevant provisions of the law. Whetherthe will with defective forms is valid or not according to whether thedefect affects the determinations of the true intention of the testators.Legal requirements of different forms of wills are different; thereforevarious defects of the forms of wills would lead to various effects on thewills."Inheritance Law of People’s Republic of China Law"(hereinafterreferred to as "Inheritance Law") provisions on the form of wills has beenunable to meet the actual needs, judicial practice appears difficult to solvemany problems. The way to witness Scrivener wills; lack of the formalrequirements about the signature methods in trial practice is difficult toidentify its effectiveness, the witness is not strictly confined and the scopeof the recording wills, etc, these are the existing legal provisions resultingfrom inadequate; this is a manifestation of the legislative lag. In addition,for printing wills, testamentary documents, electronic wills, wills and other new forms of co-executors appeared, the "Inheritance Law" still getblank.Therefore, in the future,"Inheritance Law" changes not only torefine the existing statutory form wills, but also increase the newtestament on electronic wills and other new forms of wills, determine theeffectiveness of the rules identified, reasonable inquiry the true intentionof testator when making a will, to protect the testator to fully exercisetheir right to in wills, to provide a unified legislative basis for suchlitigation to resolve disputes intestate succession, to improve our forms ofwills.