Examination And Judgment Of The Legality Of Testament's Forms In Testament Disputes

The testament is the most crucial evidence in the inheritance disputes of the testament.In the judicial practice,there are always various illegal issues of form in the testament.As a action with strictly form,there is much controversy about the form of testament whether it has an effect on the validity of the testament.Therefore,this article discusses the formal legality of testament and introduces the different opinions on formal legality theoretically and practically,namely strict formalism and form service essential,and with example analysis on five kinds of legal testament and three kinds of non-official testament about the testament form to clarify the testament form reinforce system Finally,this article looks ahead the development of the testament's form,making sure the direction of the development that the testament's form is formulated by the law as well as is moderated.According to the existing legal provisions,the legal forms of wills are only five types of notarial wills,written wills,wills written by others,audio wills,and oral wills.With the development of society,print wills,electronic wills,and common wills are constantly being discovered in judicial practice,which has a great impact on existing will regulations.Are these wills that do not conform to the statutory form necessarily ineffective?Judging from the judicial practice,it may not be the case.In order to ensure the authenticity of wills as an important criterion in judicial practice,if other methods are used to ensure the authenticity of the will,there is still an opportunity to be recognized as a lawful will.This is also an important boundary between the legal will and the illegal will,that is,whether it can be corrected by other evidence to ensure that the will is the expression of the Testator.If it is possible,it will be a will with flaw and this will still have an opportunity to be identified as a lawful and valid will.On the contrary,it is an illegal will.The true will of the testator should be used as the highest standard of trial of the will.If it can be determined that it is the true will of the testator,its form should not become an obstacle to the realization of the true will.The existing five types of statutory wills also have the problem of non-standard forms of wills,which are mostly compensated by the system for correcting defects.While the three types of wills,including print wills,electronic wills,and common wills,are not in the legal form,judicial practice also uses the system to ensure the true will of the testator and does not blindly rule out its application.There is no conflict between the statutory of the wills and the easing of the wills.The relaxation of the wills is based on the statutory basis of the wills,and the easing of the wills still requires strict conditions for the wills to ensure the authenticity of the wills.The easing of the wills is the need of the development of the times.The statutory form of the wills is to establish the correct norms for the masses of the people,and at the same time ensure the judicial trial is simple and efficient.The wills is a private act of the parties to dispose of their own property,their legitimate wills should be protected by the law,and not because of the formal reasons that hinder the normal realization of their wills.Under the premise of a statutory wills,the existing forms of wills will be eased and printed wills,electronic wills,and joint wills will be added.At the same time,strictly condition need be established to ensure the authenticity of wills to ensure true will of the testator and it's realization.In the long run,print widows,electronic wills,and common wills,which are more and more widely used by the society,should be stipulated in the law through the path of easement of wills,instead of being solved by correcting them.By stipulating its constituent elements in the law,it can play a guiding role in judicial practice and meet the needs of judicial practice.