Study On The Effectiveness Of Joint Wills

In recent years,with the development of economy,the wealth per capita has gradually increased.In the family,the joint property of husband and wife is also increasing.People pay more and more attention to how to deal with property after death.Although,in practice,property disposal is mostly carried out in the form of general testament,the way of joint wills is also applied.However,the provisions of joint wills are basically blank in our law.Due to the lack of clear provisions,experts and scholars have different views on the validity of the joint will,some acknowledge it,some deny it.The validity of joint wills has become a prominent issue in inheritance law.This has brought difficulties to judicial practice.Due to the lack of sufficient theoretical support,judges lack uniform standards in the process of judging cases,and different judgment results of similar cases have appeared,which has caused judicial confusion and damaged the credibility of the law.Especially in today's society,judicial notarization has become the bottom line of social equity,so it is urgent to solve this problem.Based on this background,this paper studies the validity of joint wills.Specifically,it is divided into four parts.The first part introduces the basic theory of joint wills from its connotation,defines it,and holds that the joint will is essentially a common legal act.Next,it discusses whether China should recognize the validity of joint wills.Through comparative analysis at home and abroad,it is proposed that learning from German law requires limited recognition of the validity of joint wills.Then,it discusses the validity and invalidation of joint wills,starting from the elements of validity,whether part of validity,the determination of validity time and the cause of invalidation,focusing on the time as the node to discuss the validity time of joint wills.The last part talks about the revocation of the joint will.This paper mainly discusses whether,when and how to withdraw,as well as the impact after the withdrawal.Among them,the special cause of revocation of the joint will is discussed.In a word,the author hopes to contribute a little to the development and perfection of the inheritance law of our country through the study of the validity of the joint wills.