Research On The Effectiveness Of Husband And Wife’s Joint Will

As the result of the final disposition of the husband and wife,the "commonality" of the joint will is reflected in the relevance of disposition,which is different from the nature of the unilateral legal act of the ordinary will,and its essence belongs to the common or bilateral legal act.Based on China’s national conditions and practical needs,and with reference to other countries’ legislation,the validity of a joint will should be recognized.The determination of the effective time of a joint will differs from different perspectives such as whether the joint testator has an agreement and the different types of joint wills.Specifically,if the joint testator clearly arranges the effective time of the will,the autonomy of the will of the joint testator should be respected.If there is no agreement on the effective time,the effective time should be determined according to different types of the joint will.The judicial standard of the alteration and withdrawal of the joint will is centered on respecting the will of the joint testator.The alteration or withdrawal of the joint testator during the survival requires the agreement of both testators;In case of alteration or withdrawal after the death of a testator,the surviving party can only alter or withdraw the contents of the will involving the party in the joint will,and the validity of such alteration or withdrawal is limited to not violating the will of the deceased party and not infringing on the interests of the heirs.In addition to the invalidity or ineffectiveness of the general will applicable to the joint will,the elimination of marriage relationship,the loss of the subject matter,unauthorized alteration or withdrawal of the will,the death of the beneficiary before the testator,remarriage clause and so on can cause the joint will is not effective or invalid.