On Mutual Wills

There is no law provisions that the mutual wills of husband and wife can be concluded,and no forbidden of it in Chinese Inheritance law,Under this circumstance,the potency of the mutual will of husband and wife is a legal lacuna.However,it is widespread in practice.On the one hand,the establishment of the mutual will of husband and wife is non-standard because of shortage of legal system,and it is impossible to meet the statutory legislative requirements of will;on the other hand,the mutual will of husband and wife is often used because of actual needs.The disputes of,in this contradictory situation,the mutual will of husband and wife in judicial practice are increasing,and the situation of different judgments in the same case is also very prominent.Based on it,this thesis selects a typical case in the disputes of the mutual will of husband and wife,and summarize focuses by the introduction of the case and the different judgments of the court of first instance and second.Firstly,is the will in this case a mutual will of husband and wife? Secondly,when will it in this case take effects? Thirdly,can the testator of the living party in this case make another will after the death of the other party to revoke the mutual will of the husband and wife and dispose the disputed property on their own? It is hoped that the analysis of the above three focuses will provide legal basis for the judgment of such cases.Besides,this thesis puts forward the legislative necessity of the mutual will of husband and wife in China,according to the analysis above.At the same time,it explains the legal proposal of the statutory form of the mutual will of husband and wife.Finally,it analyzes the Article 15 of“Detail rules for will” issued by the Ministry of Justice,and raises questions and objections.