Comparative Study Of Some Systems Of Testamentary Succession

Succession system is composed of testamentary succession and statutory succession. Taking precedence of statutory succession, testamentary succession is the main means to deal with estates for natural person .Not only related with politics, economy and culture in a country, testamentary succession affects the concord and the solidarity of a family immensely, in other words, testamentary succession relates with economical development and social stabilization of a country.Testamentary succession system is generally composed of principle to make a will, legal capacity, forms of wills, content of a will, execution of a will, scrivener of a will, witness for testament, bequest and so on. Comparing competency to make will, forms of wills, heir's portion, revocation and alteration of a will and testamentary executor between China and the West, this article focuses on making some simple suggestions on these five systems in China.Following the concise prologue, the main body of this article can be divided into four chapters:The first chapter is the outlines of will, testamentary succession, competency to make will, forms of wills, heir's portion, revocation and alteration of a will and testamentary executor.The second chapter is the introduction of competency to make will, forms of wills, heir's portion, revocation and alteration of a will and testamentary executor in the foreign countries of main genealogy of law, setting Germany, France, Japan, Switzerland, England, America and other countries.The third chapter introduces competency to make will, forms of wills, heir's portion, revocation and alteration of a will and testamentary executor in details in China.As the key part of this article, the forth chapter compares these five system between China and foreign countries one by one, aiming at giving a little simple legislative advice.