Analysis Of Joint Will

Joint wills,also known as co-wills,refer to wills made jointly by two or more willsand contain related disposal.There are three types of joint wills in China's academic discipline and judicial review or judgment: mutual wills,related wills,and joint wills that set benefits for third parties.In the related wills,the testators only stipulated the questions of how to dispose of the inheritance after the death of both parties.He/she did not stipulate how to dispose the inheritance of the deceased spouse after the death of one of the parties.At this time,it is necessary to explain the case to clarify the true meaning of the testators' expression.When there is a deviation between the meaning of the decedent and the expression of the will,the gap of the disposal caused by death can be filled by supplementing the explanation.The purpose of joint wills of the second type and the third type is generally to guarantee the survived spouse's right of residence and the right of use and gain the inheritance of deceased spouse's estate.In our country,it is usually a judicial practice and life practice that no division and execution of property belonging to the deceased party after the death of one of the parents will be implemented.Theinheritance occurs after the surviving spouse has also died.Therefore,the related will can be interpreted as joint wills that set benefits for third partiesthat the deceased spouse's inheritance is inherited by the surviving spouse and after the surviving spouse dies,both spouses' inheritance will be inherited by the ultimate beneficiary.Therefore,joint wills should be then divided into two categories,mutual wills and joint wills that set benefits for third parties.The classification of joint wills by foreign countries that recognize joint wills are mainlydivided into two categories: mutual wills and joint wills that set benefits for third parties.The greatest feature of joint will is the interdependence of the related disposition,that is,one of the spouses will make their own final disposition in condition that the other party sets up the will in a specific way.Because our country's legislation has not yet clearly defined the common wills,it has brought great difficulties to the establishment of joint wills and the determination of joint wills and the application of laws in judicial trials.The focus of the controversy is on the following points: the effective of the will of joint wills;the binding effect of mutual disposition among joint wills.First of all,this paper defines the joint will,that is,the concept,classification,and characteristics of the joint wills to the extent of academy,the paper compares the differences between joint wills and similar concepts as well.Secondly,it analyzes the jurisprudence of joint wills in judicial practice and summarizes trial issues.The analysis bases on civil law principles,and the provisions of general wills in the<Succession Law>,to clarify the obstacles of solving joint wills problems under the existing legal framework.Finally,in light of the common obstacles to the settlement of obstacles under the current law,the controversy over joint wills in Chinese academic circles and trials,and the common and increasingly widespread existence of common wills as social phenomenon,the necessity of the establishment of a joint will system is explained.In combination with foreign legislation,it is mainly the German legislation that studies the provisions of the joint wills in foreign legislative cases,with particular emphasis on the three aspects: the effective time for joint wills,the withdrawal of joint wills,and the recalling of joint wills.These three aspects put forward preliminary ideas for our country's conception of a joint will system,and made bold plans for the establishment and improvement of the relevant provisions of the common will in the future,for purpose of providing useful references for the handling of similar cases and reducing disputes.