一、问题的提出有关我国遗嘱自由的限制以及特留份制度的构建一直存有争议,继2000年与2001年的两起遗嘱继承案件之后这方面的争议加剧。2000年杭州画家叶某将自己百万遗产遗嘱赠送给自己的保姆,其女拒绝执行遗嘱,保姆遂提起诉讼。随后2001年泸州黄某立遗嘱将自己的财产赠送给其情人张某,其妻拒绝执行遗嘱,张某提起诉讼要求返还财产。 I. Issues Raised The restrictions on the freedom of testament in our country as well as the construction of the special reservation system have been controversial. The controversy has intensified following the succession of two testamentary herders in 2000 and 2001. In 2000, Hangzhou artist Yemou donated his one million legacy wills to his nanny. His daughter refused to perform a will and the nanny filed a lawsuit. Then Luzhou Huang Mouli testament in 2001 will be his own property donated to his lover Zhang, his wife refused to execute a will, Zhang filed a lawsuit demanding the return of property.