On The Validity Of The Joint Will Of Husband And Wife

Testamentary succession has always been an important part of property succession,the legal provisions of inheritance act are also independently compiled in the Civil Code of China.As a result,in judicial practice,there are different judgments in the treatment of the joint will of husband and wife in the same case.The theory of husband and wife's common will has been in foreign countries for a long time.Therefore,standardizing the common wills of husband and wife in China is conducive to social development and solving inheritance disputes in practice.In order to standardize the joint will of husband and wife,it is necessary to clarify the concepts related to the joint will of husband and wife,such as effectiveness,validity,invalidity,establishment and effectiveness,etc.While clarifying these concepts,we sorted out and analyzed the cases about the joint will of husband and wife already existed on the court documents to find out the common points of the problems.Combined with the theory of husband and wife's common will,the common will of husband and wife is typed,On the premise of typification,it discusses what kind of conjugal common will is valid or invalid,when and how it becomes effective,whether it can be revoked and other issues,so as to fill the gap of conjugal common will and draw the standards and conditions for concluding conjugal common will.