Some Comparative Study On The System Of Testamentary Succession At Home And Abroad

Inheritance under a will is another kind of inheritance, which means an inheritance that the designated successors by the testator in the will inherit the legacy according to the designated legacy and the shares in the will. The inheritance system of our country is composed of inheritance under a will and heritance by operation of law. The operation of current Succession Law and some relative judicial interpretations of Supreme People's Court are beneficial to protecting citizens' property, inheritance right, improving the sincere relation between family members, promoting social economic development and stabilizing social order. However, Our current Succession Law was promulgated soon after the Reform and Open Policy was adopted and great changes have taken place since then. Furthermore, on March 14th, 2004, the Constitutional Bill of Amendment of the PRC has been adopted on the People's Congress and. The provision that that citizens' legal private property shall not be infringed upon was added into our Constitution. Thus, it is time to revise Succession Law.This article analyses the capacity of testators, the valid form of a will, the revocation of a will and the alteration of a will and gives some legislative advice.In the history of inheritance development, the inheritance by operation of law is earlier than inheritance under a will, but inheritance under a will is also of a long history. It is the main part of succession in Roman law. In some foreign countries, the system of inheritance under a will is provided in detail, and the article emphasizes the main provisions of Germany, France, Switzerland, Britain and the US. Compared with them, the relative provisions in our country are rather simple. Thus, it is necessary to improve our Succession Law.