Research On The Effectiveness Of Couple’s Joint Wills

In recent years,joint wills have emerged as a new way for people to dispose of their heritage.However,with the conclusion of the joint will of the husband and wife in practice,whether the joint will of the husband and wife should be recognized,whether any one of the heirs has the right to arbitrarily change or revoke the content of the will and other related disputes.Due to the lack of specific laws in the ’ Civil Code ’,the application of the law is in a relatively chaotic state.Accordingly,a reasonable system should be constructed for the relevant validity of the joint will of husband and wife after combining with the reality of our country.By sorting out the common forms of joint wills in judicial practice,they are summarized into three types : mutual designated type,common designated type and mixed type.Considering that only the common will with interrelated meaning expressions in content is the common will in the substantive sense,the disposition relevance of the above three kinds of wills is typed,and it is concluded that the common designated will does not have the meaning expression relevance,which is excluded from the scope of research.Combining the different views of the academic circle and the judgment views of the judicial practice circle,this paper discusses the rationality and feasibility of constructing the joint will system of husband and wife in China on the grounds that the joint will of husband and wife is needed by China ’s reality,does not violate the freedom of will,conforms to the legal common ownership,agreed common ownership and separate ownership of husband and wife property in China.The conclusion of the couple ’s joint will should be based on the legal and effective marital relationship,and the two parties should have the ability to make a will.The form of making a will should not be limited to which forms of legal wills,that is,as long as it can guarantee the truth of the common meaning,it can be adopted without violating the provisions of the succession part on the form of wills.In addition to ensuring that the content of the will comes from the true meaning of the parties,it should also be related to the cause of death.Combined with the referee case,it is clear that any decedent in the reciprocal will dies,and the will is all valid;the change of real right effect of related disposition in mixed will is divided into separation and merger mode.When one of the heirs dies,the will takes effect.In the case of unable to ascertain the intention of the parties,the merger mode is presumed.During the lifetime of both husband and wife,the joint will can be withdrawn after negotiation,and both parties do not enjoy the right to withdraw the cause of death in the joint will without authorization.The joint will may be invalidated by triggering the remarriage clause and the dissolution of the marriage.