CONTENTS
- 1. The Content of the Will Validity Case
- - Assistance Provided by the Inheritance Attorney
- 2. Outcome of the Case Confirming the Validity of the Will
- - Explanation of the Concept of a Will
- - Lawsuit to Confirm the Validity of a Will
- 3. How to Properly Prepare a Holographic Will That Has Legal Validity
- - The Need for a Daeryun Inheritance Attorney
1. The Content of the Will Validity Case
This is the account of a client who sought the assistance of our firm’s inheritance specialist attorney, asking us to confirm the validity of a will.
The client had maintained a marital relationship with her husband for about two years, and her husband, who had been diagnosed with early-stage lung cancer and had continued his battle with the illness, passed away after his condition worsened.
Her husband had two daughters from a previous marriage, but contact with them had remained severed after the diagnosis; accordingly, the client bore the entire burden of caring for her husband and of his medical and living expenses, and she also carried out the funeral procedures on her own.
During his lifetime, the husband had written a holographic will to the effect that he would leave land and farmland to the client, and the client prepared the inheritance procedures on this basis; however, a dispute arose when the deceased’s daughters demanded a copy of the will and asserted ownership of the property.
In response, the client determined that it was necessary to confirm the validity of the will, and she requested the assistance of an inheritance specialist attorney in order to resolve the inheritance dispute.
Assistance Provided by the Inheritance Attorney
The attorney specializing in inheritance first examined whether the will satisfied the requirements as to form and the requirements for authenticity of execution.
(2) Any insertion, deletion, or alteration of words in the document under the preceding paragraph shall be written by the testator in his or her own hand, and a seal shall be affixed.
Article 1066 (1) of the Civil Act provides that a holographic will takes effect only when the testator writes the full text, the date, the address, and the name in his or her own hand and affixes a seal.
In addition, Supreme Court precedent (Supreme Court 1995Da38240) has held that the authenticity of execution of a document may be proven through a comparison of handwriting or seal impressions, and that where identity is established, authenticity of execution may be recognized in the absence of any special evidence to the contrary.
Accordingly, the firm analyzed whether the will in this case satisfied the requirements for preparation, whether its contents were clear, and whether the handwriting and the affixing of the seal were clearly established.
It was confirmed that the will had been prepared in the decedent's own hand as to the address, the name, the contents of the will, and the property subject to disposition, that the date of preparation was indicated, and that the seals of the decedent and the designated witness were verified.
As supporting material, the firm compared and analyzed the handwritten signature and handwriting of a gift agreement that the decedent had personally prepared during his lifetime, thereby emphasizing the identity of the handwriting.
In addition, the firm confirmed the absence of any issue regarding testamentary capacity, duress, or deceit at the time the will was prepared, and systematically established legal arguments in preparation for the dispute.
2. Outcome of the Case Confirming the Validity of the Will
The court determined that the will in this case had been validly executed as a matter of law, based on the legal requirements governing the form and authenticity of execution of a holographic will, the handwriting verification materials, and other supporting evidence.
As a result, the client was able to protect her right of inheritance on the basis of the decedent's holographic will, and to establish a foundation for preventing, in advance, disputes regarding the vesting of the inherited property.
The legal approach of the inheritance attorney and the strategy for securing evidence played a central role in the recognition of the will's validity.
Explanation of the Concept of a Will
A will is a unilateral act intended to designate the disposition of one's property and legal relationships after death, and it takes effect based on the intention expressed during the testator's lifetime.
In particular, because a will serves to prevent disputes after death, it is both an expression of private intention and an act that requires procedural formalities.
Through a will, a person may designate the method of property distribution, the appointment of specific beneficiaries, the consideration of special benefits, the imposition of conditions, and even the manner of the funeral.
However, because a will may be rendered void if it does not satisfy the requirements provided by law, one must consider the requirements as to form, the testamentary capacity at the time of preparation, and the presence of any external influence.
Lawsuit to Confirm the Validity of a Will
A lawsuit to confirm the validity of a will is a procedure by which the family court determines whether a will can in fact take legal effect, and it is filed when the requirements as to form and the authenticity of execution of the will become the central issues in a dispute.
Even where a will exists, a judicial determination is required when interested parties raise objections to its validity, or when the contents of the will differ from the statutory order of inheritance and a conflict of interests is anticipated.
In particular, because holographic wills frequently give rise to controversy regarding defects in the requirements as to form or the circumstances of their preparation, the very process of confirming validity through litigation can be a central procedure for preventing disputes over inherited property.
Procedural Stage | Key Objective | Key Practical Points |
Preliminary Review of Authenticity of Execution | Determining whether the legal requirements are satisfied | Verifying the handwriting, signature, seal, date of preparation, and testamentary capacity |
Preparation for Filing Suit | Analyzing the structure of the dispute and setting the direction of the arguments | Analyzing the scope of heirs and identifying risk factors for the dispute |
Filing the Lawsuit to Confirm the Validity of the Will | Seeking the determination of the family court | Organizing the complaint, supporting evidence, and legal arguments |
Examination of Evidence and Application for Appraisal | Securing objective proof of authenticity of execution | Utilizing handwriting appraisal, medical records, and witness examination |
Responding to Opposing Arguments and Submitting Additional Arguments | Strengthening counterarguments and supporting evidence | Analyzing the logic of the opposing party's arguments and submitting briefs on each issue |
The Court's Determination | Confirming whether the will is valid | Securing the basis for executing the inheritance once validity is recognized |
Subsequent Proceedings | Executing the inheritance and minimizing disputes | Reviewing inheritance registration and matters concerning the legally reserved portion in parallel |
3. How to Properly Prepare a Holographic Will That Has Legal Validity
Category | Essential Requirement | Details |
Requirement as to Form | Preparation in one's own hand | The testator personally writes the full text, the date, the address, and the name in his or her own hand |
Affixing of a Seal | Required | A signature or a seal must be included |
Securing Evidence | Recommended | Supplementing with materials on testamentary capacity at the time of preparation, such as video, audio recordings, and medical records |
Prevention of Disputes | A will by notarial deed is recommended | Using notarization to prevent controversy over forgery and disputes over authenticity of execution |
Method of Safekeeping | A secret will or designated safekeeping | Safekeeping through an attorney, a bank, or the court safekeeping system may be utilized |
The Need for a Daeryun Inheritance Attorney
An inheritance dispute is not resolved by the existence of a will alone, and securing supporting evidence and verifying the legal requirements are essential.
In particular, because the absence of even one of the requirements as to form may render the entire will void, an early legal review is important.
In addition, where conflict among family members is involved, emotional confrontation can readily lead to prolonged litigation, and because complex factors such as the return of the legally reserved portion, special benefits, and contributory portions arise, the systematic development of a strategy by a professional is necessary.
Daeryun supports the full range of these matters, from reviewing wills, responding to disputes over inherited property, and litigation concerning the legally reserved portion to the recovery of inherited property and responding to fraudulent acts, through a task force of attorneys experienced in inheritance cases.
As in this case, where the authenticity of execution of a holographic will is asserted, comprehensive legal services are provided, including handwriting comparison, the building of supporting evidence, the securing of evidence in lieu of notarization, and the preparation of expert opinions.
Where an inheritance dispute arises or preparation of a will is needed, we recommend consulting with an inheritance attorney at an early stage through a 🔗legal consultation appointment.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
