On The Classification And Validity Of Husband And Wife's Joint Will

With the rapid development of socialist market economy,the gradual accumulation of social wealth,the change of family structure and functions,and the enhancement of citizens'awareness of property rights,more and more couples in practice choose to make joint wills to determine the inheritor of the estate and the disposition of the estate.The inheritance law issued and implemented in China in 1985 has no provisions on joint wills.This article takes the situation of husband and wife's Joint Will as the entry point in the theory and judicial practice of our country,and reflects on the legislative situation,constitution elements,type division,alteration and revocation of our country's current Joint Will.Based on the analysis of relevant legislation cases of countries and regions in different jurisdictions and the standpoint of Joint Will by scholars in mainland China,the rationality of establishing joint will of husband and wife in China is analyzed from legal principle,ethics,historical and cultural tradition and social basis.By answering the three conceptual premise questions of husband and wife's will,it is convenient to analyze the important details of the Joint Will.This paper puts forward four types of joint will of husband and wife,and different types of joint will of husband and wife have different provisions on the issues such as the time point,withdrawal,change and revocation.Based on the judicial practice of husband and wife's will in China,this paper hopes to put forward some Suggestions for the revision of the inheritance law.