Research On The Formality And Effect Of Will

Compared to the period of time when the "Inheritage Law" was first publishedand implemented, there is an increasing trend for PRC nationals to manage theirestates and the related matters by way of will when they are alive. Due to themandatory requirement of the nature of making a will and the misunderstanding as tothe statutory requirements of formality of the will by most nationals, most wills thatare made by the legator in practice do not having the legal binding effect as expected.The author, being a notary, is a practitioner in will notarization. At the same time, Ihave witnessed the troubles caused by the disputes over Inheritance faced bynumerous families. The effect of notarization will has been well recognized by theexisting laws because of the credibility of the notarizing authorities. Another criticalreason for the recognition by the public is that the procedure of notarizing will isnormative. However, for other types of wills which are also made in accordance withthe statutory requirements may lose the effects which they should have. It is anundisputable fact that the freedom and efficiency of making a will can be affected. Itis an important mission for the legislators when to amend the Inheritage Law in thefuture, to make reference to advanced legislations of other countries and further adjustthe rule of other types of wills, while scientifically analyzing and understanding theeffect of different types of wills.This dissertation consists of four sections. First, it will explore the formalityissue about the will through comparing the formality of the will in civil law countries(areas) and that in our country and discuss about the issues related to certain newtypes of wills appeared in legal practice. Next, it will discuss about the relationshipbetween the formality requirement and the effect of the will and analyze in details theeffect of those wills that do not fully fulfill the formality requirement. Further, it will explore and discuss about the reasonability of the high level of the effect given to willnotarization which are recognized by the existing laws. It will also discuss about thelimited applicability of those wills that are made orally. In the last part, the authorexpresses his view on the current and future legislation in respect of the heritage bywill in the Inheritage Law, namely, maintaining the five types of wills, simplifying therule of making a will and restraining the absolute superior effect by will notarization,with reference to the research about the formality and effect of will as mentioned inthe above sections.