Perfecting The System Of Testament By Proxy In China From The Perspective Of Practice

With the improvement of people’s legal awareness,people are increasingly valuing the ownership of property.Wills are no longer a taboo,but have evolved into a legal means of managing and protecting personal property.Private law autonomy,as a fundamental principle of civil law,is the most concentrated manifestation in the field of inheritance,which is to decide through a will who will inherit all personal property owned by the deceased,that is,the deceased can freely dispose of their inheritance.In reality,the number of disputes over testamentary inheritance is increasing year by year.As one of the important forms of testamentary inheritance,writing a will on behalf of others also occupies a certain position in testamentary inheritance disputes.Due to the relatively general provisions of the current law on proxy testament,there is a problem of different judgments for the same case in practice.Therefore,this article analyzes the problems of proxy testament system in judicial practice from a practical perspective,and proposes suggestions for improving the proxy testament system.This article first provides an overview of proxy wills and related concepts in theory.Secondly,from a practical perspective,through case analysis of a large number of cases,it analyzes the validity determination of formal defective proxy wills in practice,as well as the different judgments in judicial procedures for various forms of defective wills.Subsequently,further analysis will be conducted on the substantive and formal issues of the proxy will,as well as the issues with the relevant witness system.Finally,targeted improvement suggestions are proposed for the analyzed issue of the proxy testament system,including appropriately relaxing the testamentary capacity in substantive elements,adopting a relaxed formalism for formal elements,and further standardizing the witness system.This article focuses on the problems discovered in practice,sparking reflection on the improvement of the system of proxy testament,in the hope of being beneficial to the improvement of China’s proxy testament system.