The Improvement Of The Will Form

The current five statutory law will forms:wills, doing wills, recording wills, notary wills,oral wills.As the current "People’s Republic of China’s Inheritance Law" (referred to as "Inheritance Law" in the article) was enacted in 1985 and implemented,due to the legislative environment,the "Inheritance Law" provisions of the form are sketchy,lack of maneuverability,exist obvious flaws and loopholes,and with the development of social life,inheritance become increasingly complex,the emergence of new will forms,the current "Inheritance Law" has been unable to meet the needs of real life, solving many problems in judicial practice is difficult.The existing problems to be analyzed,basing on the current law;Combine with the emergence of the new testament,elaborate the characteristics of the new testament and the academic debates,analyze how the new will forms challenge the general standard;finally,propose the relevant legislative proposals,following the recommendations of the current will forms and new forms of wills, put forward the new model of the legislation.About the current "Inheritance law", the problems existing in the legal law of the will form:the current "Inheritance law" of the legal form of regulation is too simple,the will’s modification and signatures related problems are not to be provided,the limit about the number of witnesses is too small,the critical situations and expiration date of the oral wills are not clearly defined;the provided content of recording will is relatively single,the procedures and effectiveness of notary will are inadequate and unscientific. At the same time,a large number of new forms of will emerge,such as print wills, electronics wills which have different characteristics,and a lot of controversy;challenge the current legislation,promote the general standard of the current legislation will form and special standard in the form of new testament.The innovation of this article is the last part:perfect current will form and effective conditions,add the relevant provisions of the new testament,and redefine the form of system, improve the legislative model.