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Legal Intellectual

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Q

Attorney specializing in inheritance, my father said during his lifetime that he would leave his property only to my older brother, so does that mean I cannot receive any inheritance if there is no will?

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Hello, attorney specializing in inheritance. My father always said during his lifetime that he would leave his property only to my older brother. But when my father actually passed away, he did not leave any particular will. I am curious whether what he said during his lifetime is legally valid.

attorney specializing in inheritance

validity of a will

A

Answer to Related Inquiry

Hello. I am an attorney specializing in inheritance at Daeryun Law LLC.


Because your father's words alone are not recognized as a legal will, you can inherit your father's property.


Even if your father said during his lifetime, "I will leave my property only to my son," those words are not a legally effective will.

For a will to have legal effect, it must be made in accordance with a specific form.

Content merely spoken to family members does not satisfy the legal requirements.

Wills recognized as legal wills come in five broad forms.

As an attorney specializing in inheritance, I will explain them in detail.

First, a holographic will is a method in which the testator writes it personally by hand.

Second, a will by recording is a method in which the testator dictates the contents of the will and a witness confirms those contents.

Third, a will by notarial deed is a method of making a will before a notary together with witnesses.

Fourth is a will by secret document, a method in which the testator prepares the will and then seals it before witnesses.

Finally, a will by dictation is a method in which, in an urgent situation, the testator dictates the substance of the will to a witness.

For legal issues concerning the inheritance of property or complex matters related to a will, it is advisable to receive the help of an attorney specializing in inheritance.

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