On The Elements Of Determining The Validity Of Will

Wills are strictly necessary legal acts both at home and abroad.According to the relevant provisions of the Inheritance Law of our country,the necessary condition for the will to enter into force is that to make a will have legal effect,it is necessary to satisfy both formal and substantive conditions.Among them,the formal element refers to the external form of expression in accordance with the law of the will coming into effect,and the formal requirements of each type of will are different;the substantive element in the Inheritance Law of our country includes the natural person whose testator is generally 18 years of age or 16 years of age who uses his own labour income as his source of life,the testator’s good mental state and the real testator’s true intention to make a testator.Some scholars also sum up age condition and mental state as having behavioral ability.In China’s current inheritance disputes,most of the reasons for disputes are due to the lack of formal elements of the will made by the heirs.The five provisions of Article 17 of the Inheritance Law clearly stipulate that the legal form of will can be divided into oral will,recorded will,substitute will,self-written will and notarized will.And the five legal will forms stipulated by law can not meet the needs of people to dispose and dispose of property in today’s society,the reason is that the year of making inheritance law in our country is earlier and the revision is not timely.Therefore,in addition to the above mentioned legal provisions of the legal will form of expression,the new form of will also appear in society.There is a great dispute in our country’s trial practice and judicial practice about these new testamentary forms which are not clearly stipulated by law and the determination of the validity of such will.Because most of the disputes in the existing inheritance cases are caused by the lack of formal elements of the will,this paper starts with the formal elements in the effective elements of the will,and describes the substantive elements of the will,and expounds the relationship between the formal elements and the substantive elements.Through three cases to clarify the formal and substantive elements of the will to be effective and when there are defects in the formal elements of the will to affect its effective theoretical analysis.The first chapter introduces the basic case of the selected three cases,the court decision and clarify the dispute focus.Through the refining and summing up of the case,three controversial points are summarized: first,whether the form of the will should be eased.Second,the qualitative analysis of the new will.Third,how to determine the validity of the will in case of formal defects.The second chapter is the legal analysis of the case dispute focus.In the course of analyzing the dispute focus,this paper briefly introduces the existing testamentary form in our country and the practice in judicial practice when there are defects in testamentary form,and concludes from the analysis of these dispute focus issues that there are many differences in the validity of testamentary form defects.The third chapter is based on the analysis of the case and the focus of the dispute,combined with the relevant domestic and foreign provisions to get the conclusion of the focus of the dispute and in view of the above three focus of the dispute specifically put forward different forms of the testament under the form of defects of the relevant recommendations.Wills freedom is an important embodiment and component of private law autonomy.Therefore,if there is no perfect testamentary interpretation system,it will have an impact on the successful realization of the testator’s will,after all,the will is the final intention of the heirs to express behavior,which is of vital interest to people.Similarly,a sound and perfect system of testamentary interpretation.