西南石油大学学报(社会科学版) ›› 2019, Vol. 21 ›› Issue (1): 79-84.DOI: 10.11885/j.issn.1674-5094.2018.07.19.02

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A Discussion on the Perfection of the Will Witness System

LIANG Fen1, LING Xiaohong2   

  1. 1. School of Law, Southwest Petroleum University, Chengdu Sichuan, 610500, China;
    2. Lvzheng Public Notary Office, Chengdu Sichuan, 610015, China
  • Received:2018-07-19 Online:2019-01-01 Published:2019-01-01

Abstract: The validity of wills plays an important role in dealing with inheritance cases, and the qualification of witness of a will is the key factor in determining the validity of the will. According to Law of Succession of the People's Republic of China, four of the five types of will are wills of witness. Despite the ample studies on will witness system, there are still issues being neglected. We suggest that the qualification of witness of a will should be more clearly defined as one with full capacity for civil conduct and for testification, and one whose interests are not relevant to those of the successors, Besides, avoidance of divorced spouse and Common-law partner shall be required. As for the procedure of will witness, attendance and signature of witness of a will shall be required.

Key words: law of succession, will, witness of will, qualification of witness, procedure of witness

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