The Research Of Effect Of Notary Testament

The law provides for the establishment of a will and testament form is a combination of elements of an effective private autonomy and state intervention, is testament to the protection of freedom. Making a will is one way to achieve the autonomy of the actors, it will be after a long style of development has evolved to focus more on support for its true intention, and it will not allow others to forgery and tampering. When you want to style elements and its true intention contradictions, its intention should be standard, but not absolutely require its formal compliance, deny the right to dispose of property.However, China’s current laws and regulations will be notarized by a notary only way to change and cancellation, without change or cancellation by the legal form of the testator can not effectively enter into other forms of wills before, even if entered into is not valid. Wills often over a period of time, and will deal with people on their own property will vary with the objective circumstances from inception to take effect, under the premise of the existence of the notarial will, the testator must be notarized way to change or revoke a previous wills to content make new sanctions meant, which limits to some extent, their right to freedom to dispose of property. And there is probate a will made before a death certificate case termination notary public notarized original notarial will is still valid, which severely limits the citizens to express their ultimate disposition of property meant freedom.Effect of priority principle applies notarial will, the testator intention freedoms binding initial intention of the notary, the testator overly restrictive, thereby limiting the right to freedom of exercise of the will of citizens, which is not in line with the will of its own characteristics, nor with private law the intestacy legislative purpose. Determining the effectiveness of the law will be the core of the real meaning of that, and it’s not just public authority intervention in personal freedom of exercise of the right to dispose of property, but rather reflected in the exercise of freedom of disposition of protection. So notary notarized wills to effect based, it is not in line with the will of the true meaning.This paper summarizes judicial practice issues that arise after probate supersedes the existing problems were analyzed separately from the determination of the effectiveness of the core elements of a will-the true meaning of that relationship and the freedom and notarized wills, notary nature and effectiveness of angles It discusses the notarial will not prevail, so that legislative proposals in order to achieve the purpose of intestate succession of legislative and adequate protection of civil liberties disposition of property.