CONTENTS
- 1. Will | Requirements
- - Persons Who May Make a Will
- 2. Will | Methods
- - Holograph Will
- - Will by Audio Recording
- - Will by Notarial Deed
- - Will by Secret Document
- - Will by Oral Statement
- 3. Will | Content
- - Statutory Matters That May Be Done by Will
- - Matters That Cannot Be Determined by a Will
- 4. Will | Effect
- - Time at Which a Will Takes Effect
- - Effect and Execution of a Will
- - Cases Where the Court Intervenes Even When a Will Exists
- 5. Will | Revocation and Modification
- - Methods of Revoking a Will
- - Effect and Standards of Revocation
- - Effect of Loss of a Will
- 6. Will | Invalidity
- - Where Only a Part Is Void
- - Points to Consider When Determining Validity
- 7. Will | Execution
- - Basic Procedure for Executing a Will
- - Executor of a Will
- - Cases Where a Probate Procedure Is Required
- 8. Will | Checklist
- - The Inheritance Attorney's Case-Handling System
1. Will | Requirements
A will is a means by which a person can freely express a final intention regarding their property and legal relations after death.
Persons Who May Make a Will
The Civil Act strictly prescribes who may make a will and when a will may be made (Civil Act, Article 1061).
Item | Requirement |
Age standard | Only a person aged 17 or older may make a will |
Mental state | The testator must have the capacity to make decisions at the time of the will |
Accordingly, a person under 17, or a person aged 17 or older who lacks the capacity to make decisions, cannot make a valid will.
This is because a person can freely make a will according to their own intention only when they have the capacity to make decisions, that is, the mental capacity to reasonably judge the result of their own act or its meaning on the basis of normal cognition and foresight.
2. Will | Methods
A will is recognized as legally valid only when the formal procedures are strictly observed.
The Civil Act prescribes a total of five methods of making a will, and a valid will is established only when all of the requirements are fully satisfied in accordance with one of these methods (Civil Act, Articles 1066 through 1070).
Holograph Will
A holograph will is a method of will that the testator writes directly by their own hand.
A holograph will is valid only when all of the following requirements are met.
Requirement | Description |
Entirely handwritten | The testator must write the entire content of the will directly by hand (word processing, writing by another person, or recording is not permitted) |
Statement of the date of writing | The year, month, and day must be stated accurately, and the will is void if any is omitted |
Handwritten name | The name is written by hand |
Signature or seal | A handwritten signature or seal is required |
Errors That Frequently Arise in Practice
ex) July 2025
▷ Where another person wrote it on the testator's behalf
▷ Where the content of the will was supplemented by audio or video recording
Will by Audio Recording
A will by audio recording is a method in which the testator states the content of the will aloud and records it.
Requirement | Description |
The testator's own voice | The testator must state the content in their own voice |
Attendance of 2 witnesses | Two or more witnesses must attend at the time of the will |
Recording of names | The testator and each witness must clearly state their names on the recording |
Statement of date and content | The recording must include both the date of the will and the content of the will |
Errors That Frequently Arise in Practice
▷ Where the testator's own voice is unclear, there is a possibility of subsequent dispute
Will by Notarial Deed
A will by notarial deed is a method in which the testator dictates the content of the will to a notary, and the notary prepares it as a document and notarizes it.
Requirement | Description |
The testator's dictation | The testator conveys the content of the will to the notary aloud |
The notary's recording | The notary prepares the content of the will as a document |
Reading aloud and confirmation | The notary reads aloud the prepared will, and the testator confirms it |
Attendance of 2 witnesses | Two or more witnesses must attend throughout the process |
In this case, a person with a visual impairment, a person unable to sign, and the like cannot serve as a witness for a will by notarial deed.
Will by Secret Document
A will by secret document is a method in which the testator writes the content of the will directly (or has it written by another person), seals it, and submits it to a notary.
The existence of the will is confirmed, but the content is kept unknown to anyone until the testator's death.
Requirement | Description |
Sealing of the will bearing a seal | The testator affixes a seal to a will written in their own hand or by another person and seals it |
Submission before the notary | The envelope is submitted before the notary and 2 witnesses |
Statement of the testator's name and signature | The testator's name, the date of submission, and a signature or signature-and-seal are placed on the envelope |
Notary's confirmation | The notary records the fact of the testator's submission as a notarial record |
Will by Oral Statement
A will by oral statement is a will that the testator leaves aloud in an urgent situation.
It is an exceptional method of will permitted only where death is imminent or loss of consciousness is expected soon.
Requirement | Description |
Attendance of 2 or more witnesses | The testator dictates before 2 or more witnesses |
Writing down and reading aloud | One of the witnesses writes down the content of the will and reads it aloud to the testator for confirmation |
Signature or signature-and-seal | The testator and the witnesses all sign or affix a seal |
Requirement of urgency | It must be a situation in which a written will cannot be made due to illness, disaster, or the like |
3. Will | Content
A will is an act that produces legal effects after death, so it is recognized as effective only with respect to matters prescribed by law.
By will, not only matters concerning property but also matters concerning status and family legal relations may be determined.
The Civil Act enumerates the matters that may be done by will, and a will concerning matters outside that scope has no effect (Civil Act, Article 1065).
Statutory Matters That May Be Done by Will
Category | Content |
Designation of the method of dividing the inherited property | It is possible to designate to whom and how the inherited property will be divided |
Designation of the inheritance share or entrustment of such designation | The inheritance share may be set differently from the statutory inheritance ratio |
Designation of the executor of the will | A person to execute the content of the will may be designated, or the court may be allowed to appoint one |
Bequest of specific property | Specific property may be given as a bequest |
General bequest | A bequest of a proportion or of the entire residual property |
Establishment of a trust | A testamentary trust (post-death trust) may be established by will |
Acknowledgment (認知) | A child born out of wedlock may be acknowledged |
Designation of a guardian | A guardian may be designated for a minor child or for a person under adult guardianship |
Consent to the waiver of the legally reserved portion by a holder of that portion | However, a waiver of the legally reserved portion during one's lifetime requires separate requirements |
Establishment and endowment of an incorporated foundation | An incorporated foundation may be established by endowment of property at the same time as death |
Donation to a public-interest organization | A bequest of property to a nonprofit organization, the State, or a local government |
See More
Matters That Cannot Be Determined by a Will
The Civil Act permits a will to take effect only with respect to the matters prescribed by law.
Accordingly, the following testamentary contents have no legal effect.
▷ Provisions that deprive a particular heir of the right of inheritance
▷ Provisions that impose conditions or burdens prohibited by law
▷ Defamatory testamentary content based on false facts
4. Will | Effect
A will takes legal effect from the time of the testator's death (Article 1090 of the Civil Act).
It may be revoked or modified at any time while the testator is alive, and before death the content of the will has no legal binding force.
Time at Which a Will Takes Effect
Category | Explanation |
Time of Taking Effect | Takes effect simultaneously with the testator's death |
Retroactive Effect | The content of the will takes effect retroactively to the time of the testator's death |
Legal Status of a Will Before Death | Before death it is merely a declaration of intention and has no legal binding force |
Accordingly, the testator may freely sell real estate to a third party during their lifetime or reverse the content of the will.
Effect and Execution of a Will
A will takes effect upon the testator's death, but the actual disposition of property or change of personal relationships is realized through execution of the will.
Based on the effect of the will, the executor may carry out the following legal acts.
Content of the Will | Method of Execution |
Testamentary Gift of Specific Property | Registration of ownership transfer in the name of the donee is possible |
Designation of Inheritance Shares | Unlike statutory inheritance, division according to the content of the will is possible |
Acknowledgment of Paternity (認知) | A request to correct the family relation register is possible |
Designation of a Guardian | The court may decide on the appointment of a guardian based on the content of the will |
Cases Where the Court Intervenes Even When a Will Exists
A will is a powerful legal instrument, but in the following cases the intervention of a court or a third party may be required.
: In the case of real estate, a registration procedure that attaches the will and the death certificate is required
▷ Dispute over whether the testator has died
: Where the time of death or whether death has occurred is unclear, a court determination is required
▷ Action to nullify a will
: Where some of the heirs raise an objection to the content of the will, a claim for confirmation of the will's invalidity is possible
5. Will | Revocation and Modification
The testator may freely revoke or modify the will at any time while alive (Article 1093 of the Civil Act).
Because a will takes effect at the time of the testator's death, the content of the will may be changed as often as desired during the testator's lifetime, and there is no restriction on this.
Methods of Revoking a Will
Method | Explanation |
Preparation of a New Will | If a new will is prepared that contradicts or differs from the existing will, the later will applies first |
Express Revocation | The intention to revoke is clearly indicated by a statement such as “The will dated ○○ ○○ is revoked” |
Destruction of the Will | In the case of a holographic will or a secret-document will, the testator may indicate their intention through acts such as tearing or burning the will |
Act of Disposing of Property | If the testator disposes of property bequeathed by will during their lifetime, that portion is deemed revoked (implied revocation) |
Effect and Standards of Revocation
The will that is later in time applies first, and even where wills are prepared in the same manner, the will with the later date of preparation takes effect.
It is also possible to revoke or modify only a part of a will.
In this case, only the modified portion is governed by the later will, and the remainder of the earlier will remains valid.
Effect of Loss of a Will
Even if a will has been lost, unless the testator has revoked it, the will remains valid, and its effect may be asserted by proving its content.
Supreme Court Decision of September 20, 1996, 96Da21119
6. Will | Invalidity
A will is valid only if it is prepared by a person who has the capacity of intention and satisfies all of the methods and procedures prescribed by the Civil Act.
Where these requirements are not met or a problem arises afterward, the will may be absolutely void or partially void.
Type | Ground |
Lack of Testamentary Capacity | A person under 17 years of age or a person without mental capacity |
Violation of Formal Requirements | Failure to comply with the statutory method |
Deficiency in Preparation Requirements | Omission of the date, failure to state the name, and the like |
Duress or Fraud | External coercion or deception |
Violation of Legal Restrictions | Violation of public order and good morals, prohibited dispositions, and the like |
Forgery or Alteration of the Will by an Heir | Manipulation of the will |
In addition, where the content of a will violates social order or mandatory law, the will has no effect (Article 103 of the Civil Act).
Where Only a Part Is Void
Even if a part of a will is void, the remaining portion may remain valid.
However, where the omission of a part makes it impossible to interpret the testator's intention or creates a contradiction when the overall purport is ascertained, the entire will may become void.
Points to Consider When Determining Validity
(capacity of intention, presence of duress, and the like)
∙ The form and requirements should strictly follow the statutory standards
∙ Where a will becomes void, the statutory inheritance provisions apply and inheritance proceeds accordingly
∙ A person who keeps a will should attend to the responsibility for its preservation and management as well as to securing its authenticity
7. Will | Execution
Even if a will is validly formed, in order for the property to actually be distributed or for the will to be realized, the procedure of ‘execution of the will’ must be carried out.
Execution of a will refers to a series of procedures for settling the inherited property and carrying out testamentary gifts, burdens, and the like, and it is performed by an executor designated by the testator or appointed by the court (Articles 1090 to 1099 of the Civil Act).
Basic Procedure for Executing a Will
The heirs and interested parties officially open the will at the family court and confirm its validity
② Designation or Appointment of an Executor
If designated by the will, the designation stands; if not, the court appoints one
③ Confirmation of the Executor's Authority
Preparation to exercise authority such as transfer of real estate and collection of claims
④ Carrying Out the Execution of the Will
Division of property, performance of testamentary gifts, fulfillment of burdens, and the like, in accordance with the content of the will
⑤ Report of Completion of Execution
After fully performing the content of the will, a report is made to the interested parties
Executor of a Will
An executor refers to a person who realizes the content of a will after it takes effect.
The testator may freely designate an executor by will (Article 1090 of the Civil Act).
Where there is no executor, the family court may appoint one upon the request of an heir or interested party.
Principal Authorities and Duties of an Executor
∙ May restrict the heirs from disposing of property
∙ Has the duty and responsibility to execute the content of the will
∙ Bears liability where damage is caused by intent or gross negligence
Cases Where a Probate Procedure Is Required
A holographic will, a recorded will, and a secret-document will require a probate procedure at the family court after the testator's death (Article 1091 of the Civil Act).
However, a will by notarial document is exempt from probate because it is made under the certification of a notary.
The probate procedure is intended to prevent alteration or forgery of the will and to secure its authenticity, and procedures such as inspection, unsealing, and confirmation are carried out upon application to the family court.
8. Will | Checklist
The form and method of a will are strictly prescribed by law.
Based on the checklist below, please organize the key matters relating to a will.
▷ Which of the five methods under the Civil Act will be used?
▷ Were all requirements, such as signature, date, and witnesses, met according to each method of will?
▷ Is it stated specifically and clearly ‘who is to receive what’?
▷ Does it not infringe the legally reserved portion of a particular heir?
▷ In the case of a holographic, recorded, or secret will, is a probate procedure required after death?
▷ Is the will kept safely, and has a method of delivery upon death been arranged?
The Inheritance Attorney's Case-Handling System
This law firm has many specialized attorneys with an average of 10 or more years of experience.
It forms task forces of 1 to 20 members according to the scale and difficulty of the case and establishes response strategies tailored to the client.
If you need assistance with matters such as preparing a will, reviewing its effect, dividing property under a will, or an action to nullify a will, you may request the support of an inheritance attorney at any time.
