| Withdrawal of a will means that the testator has repealed all or part of the contents of his will,so that part or all of the contents of the will will have no legal effect after his death.The law guaranteeing the testator’s right to freely withdraw his will is an inevitable extension of the freedom of the will.If the law only allows citizens to have the freedom to make a will,then the right of the testator to dispose of his property is incomplete and missing.About the provisions of the will withdrawal in China,in the original "inheritance law" article 20 and the executive inheritance law opinions are reflected in article 39,the civil code on the basis of its modification,supplement,our country also gradually established the will withdrawal system,but through the retrieval of court decisions and comb,found that our will withdrawal system still exists a lot of controversy.With the help of representative cases and extraterritorial relevant provisions,this paper analyzes the shortcomings of the current will revocation system and makes suggestions.Firstly,clarify that the previous and subsequent wills are a supplementary relationship,and the latter will is used as a supplement to the previous will;The essence of "conflict" is that the content of the will cannot coexist.Secondly,civil legal acts contrary to the content of the will are "treated" as a presumptive norm for the withdrawal of the will,and if rebuttal of the will is not allowed,it is contrary to the principle of testamentary freedom and hinders the realization of the testator’s final will.Thirdly,by referring to the extraterritorial legislative body,the legislative deficiencies existing in China’s will withdrawal are improved,and the judicial interpretation clearly stipulates that the way in which the testator destroys the will is regarded as the withdrawal of the will,but at the same time,the requirements for material withdrawal of the will must be strictly restricted;The gap in the rules for the restoration of testamentary validity should be filled,and the non-resurrection doctrine should be adopted for the rules for the restoration of testamentary validity. |
