Joint Wills
A joint will refers to a will executed by two or more testators based on a common expression of intent. Joint wills are a common phenomenon in Chinese society. However, the law does not explicitly stipulate the validity of joint wills, leading to diverse opinions on its legal effect.
The First View: Denial of Validity
This view holds that joint wills should not be legally recognized. The reasons are as follows:
- Restriction on Testamentary Freedom: The creation and modification of a joint will require the unanimous consent of two or more parties. After one testator passes away, the surviving party may alter the will, which could frustrate the deceased’s intent and prejudice the interests of heirs.
- Lack of Statutory Recognition: The former Succession Law of the People’s Republic of China did not recognize the form of joint wills, and thus they should be invalid.
The Second View: Recognition of Validity
This view advocates for establishing the legal status and validity of joint wills. The reasons are:
- Consistency with Tradition: Joint wills align with Chinese inheritance customs and simplify the process of will-making.
- Compatibility with Marital Property Regime: They conform to the nature and current situation of marital community property in China.
The Third View: Conditional Recognition
This view proposes recognizing joint wills only to a limited extent—specifically, only joint wills made by spouses for their common property are valid.
Case Illustration
Case 7 of 11 Typical Cases in 2014 Published by Jinan Intermediate People’s Court, Shandong Province — Dong Moujia v. Zhu Mou, Dong Moubing, et al. (Will Inheritance Dispute)中国长安网
The decedent Dong Moumou passed away on July 7, 2012. He was survived by his wife, Zhu Moumou, and their five children: eldest daughter Dong Moujia, second daughter Dong Mouyi, eldest son Dong Moubing, second son Dong Mouding, and third son Dong Mouwu.
The plaintiff, Dong Moujia, submitted a will dated September 26, 2007, which stated:
"Dong Mouyi, Dong Moubing, Dong Mouding, Dong Mouwu: Your mother and I have been cared for by your eldest sister, Dong Moujia, day and night for many years. She has taken excellent care of us in all aspects. At our advanced age, we can no longer work and rely entirely on her. She often suffers from sleepless nights and has endured great hardship. Furthermore, due to my unresolved historical issues, Dong Moujia was sent to the countryside during the Down to the Countryside Movement. She was later recruited by an automobile factory but was dismissed because of my political history, ruining her life and causing her immense suffering. As parents, our hearts ache for her. Dong Moujia has cared for us at home for many years and has always been kind to us. Your mother and I are deeply satisfied. After long consideration, we decide that our house shall be inherited by your eldest sister, Dong Moujia, as she is financially disadvantaged and in poor health. We hope you will understand. Father: Dong Moumou. Mother: Zhu Moumou. September 26, 2007. Witnesses: Yu Moumou, Lu Mou."
(Source: First Instance Court: Licheng District People’s Court of Jinan, Case No. (2013) Licheng Min Chu No. 2381; Second Instance Court: Jinan Intermediate People’s Court, Case No. (2013) Ji Min Wu Zhong No. 413.)
The defendants Dong Mouyi and Dong Mouwu argued that the house was marital community property belonging to Dong Moumou and Zhu Moumou, and each party had the right to dispose of their respective share. They claimed that although the will was written by Zhu Moumou, it could not be proven to reflect Dong Moumou’s true intent, and thus did not constitute a valid holographic will as required by law.
The defendant Zhu Moumou testified that the will’s content was indeed written and signed by her, while Dong Moumou signed his own name. She confirmed that the will was agreed upon by both spouses, who were primarily cared for by Dong Moujia. She added that Dong Moujia had suffered greatly due to Dong Moumou’s historical issues during the Cultural Revolution, and the will was a joint decision.
First Instance Judgment
The court held that the will, signed by both spouses on September 26, 2007, and written by Zhu Moumou upon mutual consultation, designated the house for inheritance by Dong Moujia. The will represented the joint true intent of Dong Moumou and Zhu Moumou, disposed of their lawful community property, and did not violate mandatory legal provisions. Therefore, the court confirmed the will’s legality and validity.
Since Zhu Moumou was still alive, the portion of the will concerning her property did not take effect. The portion concerning Dong Moumou’s property became effective upon his death on July 7, 2012, and his one-half share of the house was inherited by Dong Moujia.
Appeal
Dissatisfied with the first instance judgment, Zhu Moumou, Dong Mouyi, Dong Moubing, Dong Mouding, and Dong Mouwu appealed, arguing that the September 26, 2007, will should be deemed a witnessed will, and the first instance court failed to address the legal requirements for such wills, rendering it invalid.
Second Instance Judgment
The appellate court held that, based on Zhu Moumou’s testimony, the disposition of the house to Dong Moujia was a joint decision made by the couple after considering Dong Moujia’s financial situation and caregiving efforts. The appellants failed to provide evidence that the will did not reflect Dong Moumou’s true intent, and thus the first instance court’s finding was upheld.
The September 26, 2007, will constituted a joint civil act by Dong Moumou and Zhu Moumou, executed by mutual consent, written by Zhu Moumou, signed by both spouses, and dated. The will was valid. The appeal was dismissed, and the original judgment was affirmed.