On The System Of Will Execution

The siege of the Coronavirus in 2020 made society pay more attention to life and health,and aroused citizens' attention to property arrangements behind them.The execution system of the will is an important part of the legal department of the inheritance law of our country.It is about the proper distribution of the property behind the citizens and respect for the final disposition.The most important of these are the custody,reminder and unsealing system of the will and executor system.However,the current legislation of our country still lacks the rules of the will enforcement system.For the system of custody,reminder and unsealing of wills,there is a lack of legislative confirmation and feasible operating standards.Even though the Civil Code · Succession has been supplemented by the provisions of the "Provisions of the Applicable Administrator",the status of the executor of the will and the statutory power and responsibility model are still not recognized.The stipulations on the executor system are still abbreviated,and the stipulations on the improper responsibility of the executor are always extensive.Therefore,several methods should be taken.First,we should improve the testament custody system,by clarifying that the custody institution is a not-for-profit social institution such as the notary office and testament storehouse in China.We should build an online filing platform,and clearly guide the standardization system and the responsibility for improper storage of the will.Next,we should clarify the procedures for reminding and unsealing of wills.The objects of clarifying wills include executors,grassroots autonomous organizations,will custodians,and stakeholders involved in the will,and standardize the process of wills reminding and unsealing.Meanwhile,through intelligent blockchain we can informs the emergency contacts preset in the will promptly,and realizes the reverse reminder of the custody will.Finally,on the basis of clarifying the legal status and the power and responsibility model,thecontent of the executor system will be advanced.The qualifications of the executor should be limited into those with full civil capacity and legal persons and social organizations operating normally;we should standardize the performance process of the executor from selection,acceptance of the post,and resignation.According to the statutory rights and responsibilities model of management and liquidation,the rights and obligations system of the executor will be completed.Under the premise of quasi-use of the content of the system of estate managers,the legislation grants the executors the right of litigation agency,the right to obtain remuneration,the right to rule out obstruction claims,and the obligation to examine the will,the duty of succession management and the duty of supervision.Refine executors' improper responsibility for execution.The executor of the will shall bear the duty of a diligent and faithful good manager.