How is the validity of a will determined?

It appears you are inquiring about the criteria for determining the validity of a will.

To get straight to the point, the validity of a will depends on whether the requirements set by law have been met.

Under the Civil Act, a will must follow certain methods and procedures to take effect, and representative will methods include holographic will, recorded will, notarial will, secret will, and oral will.

Among these, in the case of the most commonly used holographic will, the following requirements must be met for the will to be recognized as valid.

∙ The entire text of the will must be personally handwritten

∙ The date of preparation, address, and name on the will must be personally written

∙ Must be sealed with the testator's personal seal or stamp

If even one of these requirements is not met, the validity of the will may be denied.

If someone else wrote the will on behalf of the testator, or if the date or signature is missing, it may be deemed invalid.

In addition, if there is suspicion that the testator had lost the capacity to make decisions at the time of the will, a legal judgment can be obtained through a lawsuit for confirmation of invalidity of the will.

In this case, to argue invalidity, objective evidence such as medical records, diagnoses, and witness statements regarding the mental state at the time of the will is required.

If you have any suspicions, it is advisable to respond through a lawsuit for confirmation of invalidity of the will or a probate procedure.

As complex procedures are involved, it is good to establish a response strategy after consulting with an inheritance specialist attorney with extensive related experience.