A Case Study Of Xu Moumou Inheritance

The case in this paper is highly representative,which is a true reflection of the current practice of China's testamentary succession system.The case is a dispute between "one real estate,two wills and three generations".The accuser and the defendant have experienced the main suit,counterclaim and repeated appeals from the case of ownership to the case of testamentary succession.In addition to the complexity,the case includes the difficulties and most of the controversial issues in the current will and inheritance system,such as the determination of the validity of the will and the effectiveness of the defective will,the scope of the heritage,the testator's competency to make will and whether subrogation is applicable in succession.These problems are all controversial in academia,and they are still being explored.Of course,this is also a more difficult problem encountered by the court in trial practice.Since there is no clear legal provisions or legal provisions cannot meet the needs of today's society,resulting in the phenomenon of different judgments of the same case,thus resulting in the overlapping of unfairness and litigation.Therefore,it is not only of theoretical significance,but also of practical significance to study the current inheritance legal system in China through case studies.This paper introduces and sorts out the basic facts of the two cases,the cause,the trial reasons and results,as well as the dispute focus of this case.and focuses on the legal analysis of the focus issues,which includes the determination and analysis of the effectiveness of the two wills in the case,the determination of the scope of the heritage of the heritages,and the issues of succession by subrogation and succession by subrogation involved in the case,and the judgment of whether there is succession by subrogation in the succession by subrogation.Also,it analyzes whether the court should review the validity of marriage.Finally,through the analysis of the above problems,aiming at the problems of testamentary succession system,the author puts forward suggestions for the consummation of the relevant legal system.