论遗嘱受益回避

The Testamentary Beneficiary to be Avoided

遗嘱受益回避,即因特定角色之承担从而能对他人遗嘱的成立或生效产生重要影响的人,不得从该他人遗嘱中受益。遗嘱受益回避的适用对象,包括遗嘱订立时遗嘱人的监护人、医疗人员和参与遗嘱订立的见证人、公证人及起草人,以及前列人员的配偶、直系血亲和兄弟姐妹。遗嘱受益回避的除外情形为:前述人员与遗嘱人之间有配偶、直系血亲或兄弟姐妹关系;即使某见证人或公证人没有参与,遗嘱也能有效成立;遗嘱起草人被列为受益人时,遗嘱人已征询无利害关系律师的独立意见。

Testamentary beneficiary to be avoided, namely, someone who has a specific role that may have an impor- tant impact on the conclusion and effectiveness of others＇will, shall not benefit from others＇will. Applicable object of testa- mentary beneficiary to be avoided includes the followings： guardians and medical workers for testators when they make wills, the witnesses, notaries and drafters who participate the will making, and their spouses, lineal relatives as well as their brothers and sisters. The exceptions of disqualification of beneficiary under will include the followings ： the aforemen- tioned personnel are the testator~ spouses, lineal relatives or brothers and sisters. Even if a witness or notary public is not involved, a will is still effective when the will drafter is listed as the beneficiary. The testator has already consulted the dis- interested lawyer for its independent advice.