Research On The Legal Issues Of The Joint Will Of Husband And Wife

Neither the Civil Code of People’s Republic of China(PRC)nor the relevant judicial interpretations stipulate the joint testament system of husband and wife.But civil disputes caused by the joint will are increasing year by year.In judicial practice,different courts have different judgment criteria on the form,validity,effective time and revocation of the joint will.There are two opposite views in academic circles on whether we should establish the system of husband and wife’s joint will.The civil legislation of our country should establish the system of the couple’s joint will,which conforms to the habits of inheritance in our country,conforms to the principle of the freedom of the will,and is advantageous to the unity of judicial judgment.The husband and wife’s joint will is a unilateral legal act based on the cause of death punishment,and its essence is related punishment.The subject of a joint will shall be limited to husband and wife.After the joint will is made,when both husband and wife are alive,one of the husband and wife are free to withdraw the right,but should inform the other party;After the death of one of the husband and wife,the joint will come into effect.In principle,the deceased party does not have the right to revoke the whole will and part of his will,but he has the right to revoke part of his will in exceptional circumstances.The joint will of husband and wife shall be invalid due to the breakdown of marriage,and invalid due to the refusal of the heir to inherit,the remarriage clause,and the alteration of the reservation clause.