The Research On The Effect Of The Form Defect Of Will

The form of a will is an idea of expression that he testator expresses his disposition of his property in accordance with the law. Our country's current "inheritance law" clearly defined the form of will. As formal juristic act, it must comply with the provisions of the law, otherwise, no legal validity. However, our country "inheritance law" was promulgated more than 30 years, but still has not been revised, "inheritance law" is formulated against the background of many aspects what are the underdeveloped country's economic, imperfect system, poor private wealth and weak legal consciousness at the beginning of the reform and opening up, which have not been satisfy The rapid development of society and the growth of private wealth. As a result, it is frequent that legal loopholes and blank appear in judicial practice. Although the judge's discretion has played a big role in identifying the form of defects will validity, it is necessary for the form of defects will validity to make a unified regulation to avoid judicial rigidity and judicial injustice.There are three parts in this passage: introduction, text, conclusion.The introduction part mainly analyzes research scope, research background, research methods and research significance. The text part includes four aspects, the first is Relevant conceptual analysis positioning;the secondpart mainly analyze legal principle about identifying will validity; the third is the specific problems and analysis summative according to the case; the fourth is suggestions combining with the judicial practice of China. The conclusion part summarizes the research process, and points out the research purpose and main innovation points.