Research On The Effect Of Flaws In The Form Of The Will

As an important part of inheritance law,wills have important significance in how citizens’ estates are disposed of.As an external expression of the parties’ intentions,the form of the will is regulated by the laws of various countries.The question of the validity of the form of a will has never ceased to be discussed.Taking the form of a will as a requirement of validity,scholars have put forward the theory of formal compulsion,stipulating that a will that does not conform to the law is invalid.To a certain extent,this theory can guide citizens to make a will prudently and correctly,but the drawbacks behind it are becoming increasingly prominent under the actual contradictions.In the face of constant formal flaws,blindly insisting on formal coercion makes the conflict between "testamentary freedom" and "formality" more acute,and it is easy to cause judicial rigidity and injustice.Inheritance law is private law,and the testamentary system in it involves both private and public interests.Only by striking a balance between private interests and public interests can the problem of determining a will with a defective form be solved.Through judicial investigation,the types of formal defects testamentary disputes and the current status of adjudication are analyzed,and the impact of different forms of defects on the validity of wills is explored from the aspects of factual determination and burden of proof.And by analyzing the reasons for the disagreement in judicial adjudication,it clarifies the advantages of easing formalism in the form of wills,that is,it alleviates the contradiction between formal forms and testamentary freedom,attaches importance to the true meaning of the testator,and is more in line with the current value tendency of family inheritance.Based on easing formalism,grasp the core that affects the validity of the will is the true intention of the testator and the truth of the will,put the intention of the parties in the first consideration,respect the testator’s free will as the principle,form a judgment logic that determines the validity of the testator with the testator’s sincere intention,and confirm the validity of the formal defect will in the judgment by whether it can continue to prove the content of the will,whether it expresses the true intention of the testator,and whether there is other evidence to supplement its validity,so as to achieve a balance between formal form and testamentary freedom.