Gunsan Inheritance Attorney's Assistance | Probate of an Inheritance Will With a Gunsan Attorney's Assistance

The client was the youngest of four brothers, and upon the death of his mother he came to inherit nearly 400 million won in cash.

Seeing this, the brothers filed a claim for division of the inherited property against the client.

However, the client was simply bewildered, since he had merely inherited in accordance with the contents of the will that his mother had written during her lifetime.

The client therefore requested legal assistance from a Gunsan attorney in order to take legal measures concerning the inheritance.

After hearing from the client, who was experiencing an inheritance dispute, the Gunsan attorney proposed filing for probate of the will with the court.

This was because, where there is another heir who raises objections to the deceased's will, as in the client's case, nothing can be done without filing for probate.

Accordingly, in order to prove that the deceased's will was valid, the attorney proposed a method of executing the will after going through the court's probate procedure.

🔗A will refers to a declaration of intent, made during one's lifetime, regarding the disposition of one's property rights.

Such a will has legal effect only if the form and method of preparation prescribed by the Civil Act are strictly observed.

Probate of a will refers to the legal procedure by which a will is confirmed through verification.

Specifically, it examines such matters as whether the testator's final intent has been reliably preserved, whether the will has been prepared so that interested parties can clearly understand its contents, and whether it has been prepared in accordance with the formalities of a will.

Under Article 1091 of the Civil Act, a person who has kept the document or recording of a will, or who has discovered it, must submit it to the court without delay after the testator's death and request its probate.

The claimant (the client) was the testator's son and had kept the holographic document prepared by the testator.

On this basis, the attorney argued that, pursuant to Article 1091 of the Civil Act, the claimant submits it to the court and requests its probate.

Upon examination of the will, it was revealed that the testator had personally written, in his own hand, a will to the effect that all of his property was bequeathed to the claimant.

On this basis, the attorney emphasized that probate was necessary in order to execute its contents in accordance with the will.

The above case was one in which a client who sought legal assistance in order to execute a will following his mother's death came to a 🔗Gunsan attorney.

Filing for probate of a will is a procedure that is needed when there is an heir who disagrees about the will, or when there is a will that has not been properly prepared.

If you wish to file for probate of a will, it is recommended to first consult a legal expert and confirm in advance whether the will satisfies the legal requirements.

Daeryun Law Firm has not only family and inheritance attorneys but also many experts such as accountants and tax accountants on staff, and thus responds systematically even to related cases arising from inheritance.

If you are facing difficulties due to an inheritance dispute as described above, please feel free to request a 🔗legal consultation appointment at any time.