Case Analysis Of The Type Of Common Testament

A common testament,also known as a joint will,means that two or more testators jointly establish a testament to dispose of their respective properties or common property.Most of them are common testament of husband and wife,mainly include mutual-type common testament,related-type common testament,and mixed-type common testament.Common testament disputes are showing more and more trends in real life.However,China’s laws and regulations do not make explicit provisions on the common testament.At present there is no consensus on the common testament in the theoretical community and judicial practice.This has led to the phenomenon of various judgments for the same case.All courts disputed issues concerning common testament disputes,it is mainly whether such testaments should be identified as common testaments;whether or not the common testament shall be deemed valid;the effective date of the common testament shall come into effect after the death of the common testament or whether both parties have died;and whether the testator who died after the common testament have the right to revocation or change shall be effective.In this regard,China’s judicial practice should deal with such cases in accordance with the common testament,it only recognizes the effectiveness of husband and wife’s common testament,distinguishes them according to different types of common testament,mutual-type common testament,which take effect after the death of the common testator;the related-type common testament will become effective after the death of the common testator;the mixed-type common testament will have two inheritances in total,after the death one of the common testator,the first succession will take effect,and the two will die after the second,sub－inheritance began to take effect,and all of the common testament was in effect at this time.After the death of one of the common testator,it should be determined according to different types,whether the testator who died after the common testament have the right to revocation or change.The mutual-type common testament,after the death one of the common testator,there will be no issue of revocation and change;related-type common testament and mixed-type common testament,the later deceased will enjoy the right of revocation and change.In the judicial practice,we should combine the relevant provisions of the existing laws of our country,According to the common testament to deal with such disputes,in addition,our civil code should stipulate the legal system of the common testament,in order to better resolve the controversy in the theory and practice of China’s common testament system.