Research On The System Of Testamentary Succession In Song Dynasty

By combing and analyzing the legal norms and historical records of ancient books in the Song Dynasty,not only did the Song Dynasty actually have a testamentary inheritance system,but under some particular circumstances,testamentary inheritance has the effect of taking precedence over legal inheritance.In the Song Dynasty,no matter the bureaucratic class,the ordinary people,the "hujue" or non-"hujue" families,they used wills to dispose of family wealth.The Song Dynasty stipulated strict procedures for the testamentary inheritance system.First,the testator must have complete autonomy of will,and the will made under the vague and threatened state is invalid;second,the will in the written form must be approved and signed by the clan,especially when the parents of a "hujue" family dispose of property to a son-in-law or an adopted child of a different surname through a will.The recognition of the clan is an indispensable procedure by social customs and national laws.Finally,the will must be stamped by the government and deed to pay taxes.Only after being stamped by a government official can the will be legally binding.The Song Dynasty also stipulated a special institution for inheritance taxation.Inheritance taxation can not only expand the national fiscal revenue,but also facilitate the smooth settlement of family property disputes.The judicial officials of the Song Dynasty attached great importance to testamentary lawsuits.In judicial practice,they formed a set of methods for appraisal and identification of forged wills,and combined logical reasoning,social customs,national laws and Confucian ethics to make public convincing judgments.The judicial officer uses the legal written will as the factual basis for determining the case.For forged wills and unreasonable wills,the authenticity of the testator’s handwriting is checked by checking the testator’s handwriting;for legal and reasonable wills,the correct execution is guaranteed;for coveting others the savage stalkers of the legacy are punished.At that background,the testamentary inheritance system in the Song Dynasty showed a trend toward modernization.The judicial officer followed a flexible and equitable judicial philosophy to hear cases of family property disputes.They pay attention to using evidence to ascertain facts during review,protecting the property inheritance of vulnerable groups and litigation rights between family members.The judicial value in the testamentary inheritance system of the Song Dynasty is in the same line with the contemporary judicial value.Although this system has limitations,it is of great significance to the society at that time,and it can also be used for reference in the construction and improvement of the testamentary inheritance system in contemporary society.