An Empirical Study Of Joint Or Mutual Will

As an important way of testamentary succession, Joint or Mutual Wills have been common in everyday life. It has caused more and more litigation in recent years. Because of the provisions of the law does not give a complete system of Joint or Mutual Wills, mixed results led to the court referee. In my opinion, we should establish a sound legal system of it in China to solve practical problems, meet the needs of social life.Besides the preface and conclusion, this paper is divided into three parts:The first part talks about the judgments in cases concerning the Joint or Mutual wills of the sort, summarizes what are our common types of wills, which issue has become a focus of controversy for how the court to answer these questions and how to judge. This section including academic views will form the basis of this paper, the issues surrounding this part of the proposed theoretical analysis and the evaluation made by the Magistrates’ Courts.The second part proves that lack of legal norms causes varying referee according to the basic theory and the current legislative situation of China. Problems caused by the Joint or Mutual Wills need Legislation to be addressed. Further information, analyze the common will of the countries or legislative solutions cases are provided in this part. We can choose to follow which legal path from the related systems, UK, USA, and Germany mainly. This part specifically includes the concept of this kind of wills, the nature, type, and what its difference with the general will, their own characteristics, etc. By comparing the status of legislation and practical example of the referee shows that we’d better not continue to stand fuzzy stance. It’s useful to learn Germany type to put the system into inheritance laws to regulate them.The third part is some specific ideas on building our Joint or Mutual Wills system. This part will describe the prototype system into our legislation, combined with the principles of the law of succession, China’s national conditions and characteristics of patients with advanced legislative experience on legislative matters needed to be addressed and attention to elaborate. Theory and practice cases mentioned in the first part of the bifurcation problem, when legislation should come together in the establishment of wills, forms, effective, fail, and be changed for the revocation of regulations and how to regulate conclusions.