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伴随着公民财产观念的转变,越来越多人办理遗嘱公证。但是,在遗嘱人死亡后,经常出现子女间因为遗产继承争议提起诉讼。因为遗嘱即使经过公证也只是公民个人的单方意思表示,在其亡故后要实现遗嘱人的意愿,公证处还须向全体法定继承人确认遗嘱效力。一旦有的法定继承人不配合办理继承公证,遗嘱的确认生效成为难题。公证处普遍的做法是建议遗嘱受益人通过诉讼解决继承问题。结果,这种做法在社会上造成公证遗嘱无效的错误认识。本文主要分析了我国继承法中遗嘱自由限制的规定,同时介绍了笔者在公证实务中采用的遗嘱生效确认方式,希望与众公证同行共同探讨和完善。
With the change in the concept of citizens’ property, more and more people apply for notarization. However, since the death of the testator, litigation has often taken place because of dispute over the inheritance of children. Because a will, even after being notarized, is a mere unilateral statement by an individual of a citizen that after the death of the testator it is necessary to realize the wishes of the testator, the notary office shall also confirm the validity of the will to all the legal successors. Once some statutory heirs do not cooperate with the succession notarization, validation of the will made effective. It is common practice in notary offices to advise probate beneficiaries to settle inheritance issues through litigation. As a result, this practice caused a false sense of social invalidity in the notary public. This article mainly analyzes the provisions on the freedom of testament in the succession law of our country. At the same time, it introduces the way of confirmation of the testament in the practice of notarization. I hope to discuss and perfect it with the public notary.