An Empirical Study On The Validity Of A Will

As an important concept of civil law,the will is a kind of meaning expressed by the heirs to punish all of their legal property according to their wishes before their deaths.It is called the "family constitution" in the West.Before China’s reform and opening up,the mode of transfer of property was single,and personal wealth was not accumulated,resulting in a low degree of will for the will.The disputes caused by the will were rare.However,with the steady development of the market economy and the deepening of reform and opening-up policies,great changes have taken place in China’s social,economic,cultural,and national life.The increase in private wealth,the growing complexity of family property structures and kinship structures,coupled with the protection of citizens’ private property by law and the awakening of citizens’ personal consciousness,wills have become the main means by which citizens dispose of their predecessor property.However,it is against this background that cases of inheritance disputes frequently occur.The validity of wills is often the focus of disputes among parties to disputes,and it is also a difficult point for courts to try.At present,the compiling work of each division of our civil code has been carried out in full swing.Inheritance is an indispensable part,and it is also a crucial branch of the civil law system.If you want to compile a high-quality inheritance law,you should base yourself on judicial practice and find problems and analyze experience.Only in this way can we formulate an inheritance law that conforms to the traditional culture of the Chinese nation and is consistent with national conditions and times.How to improve the system of inheritance of wills,better play the role of wills,and properly resolve various inheritance disputes in today’s society require our serious and careful consideration.This article adopts an empirical research method and downloads and studies the first-instance resolutions of 929 cases of inheritance disputes of grass-roots courts in Beijing,Jiangsu,Guangxi,and Sichuan from 2014 to 2016 using conditional search on the Internet.Data statistics and analysis of the issues related to the validity of wills and suggestions for improving the inheritance system of wills.This article is divided into four parts:The first part is the introduction,which introduces the background of the topic,the significance of the topic,and the key points,difficulties and possible innovations.The second part is the empirical investigation and results.It introduces the background of the survey,the survey method,the theoretical basis of the survey,the content design,the selection of the survey objects and the reasons for the investigation,and the effectiveness of the will to be investigated and the main reasons for the invalidity.The data is summarized.As a result of the investigation,the remains that were found to be valid by the court accounted for 62%of the total number of wills investigated,and those that were found to be invalid by the court(including partial invalidity)accounted for 38%of the total number of wills investigated.The third part is the focus of this article,and analyzes the reasons for the empirical findings of the validity test of the will.There are four main reasons why this article holds that 62%of the widows are deemed to be valid:Citizens’ sense of widowhood is generally strengthened;there are many notary widows and it is easier to get valid confirmation from the court;"The principle of saving the validity of widows" is universally applicable in court;Witnesses that have been witnessed by public welfare agencies are effectively identified.There are three main reasons why 38%of widows are found to be invalid:There is still a lack of legal awareness of citizens’ widows;there is a big gap between the will of probate and the habits of citizens;the issue of witnesses in the probate elements has obvious legislation.In the fourth part,on the basis of empirical investigation,we put forward relevant suggestions for improving the inheritance system of our will:China’s will inheritance system should try its best to both protect the will of the will and not leave the freedom of wills."Save The Will"should be clear in the inheritance law.The status of the addition of agency witnesses,and the use of "special licenses" to properly restrict the freedom of wills.