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I am looking for someone who can confirm whether a will is valid.
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My husband passed away recently. However, it seems that he had a woman with whom he was having an affair. The woman came to the funeral hall and said that my husband had prepared a will leaving a building to her. I feel very wronged and frustrated. Could someone please tell me whether this will is valid?
validity of a will
Answer to Related Inquiry
Author: 김국일
Hello. This is an inheritance attorney at Daeryun Law Firm.
I offer my condolences on this unfortunate situation.
In your situation, whether your deceased husband prepared a will during his lifetime, and whether that will is valid, must be confirmed by checking whether the legal requirements have been satisfied.
Only five methods of a will are recognized as valid, and if these methods and procedures are not followed, the will is void.
The methods of a valid will under the Civil Act are as follows.
- Holographic will
- Will by recording
- Will by notarial deed
- Will by secret document
- Will by dictation
If the will claimed by the woman involved in the affair does not meet the requirements, it has no legal effect.
To confirm the legal effect of a will, the following must be examined.
- Whether the method of the will was complied with
- The possibility of forgery or alteration
- Materials that can confirm the mental state of the deceased (whether there was cognitive capacity at the time of preparation)
- Whether it was notarized and whether witnesses existed
In particular, in the case of a holographic will, whether it is in the handwriting of the maker can be confirmed through handwriting analysis and the like.
In the current situation, a legal response, such as confirming the original of the will and reviewing the legal requirements, is necessary.
The woman's claim alone does not establish validity, and it is important to protect your rights through a legal review.
If possible, please secure a copy or a photograph of the will, and I recommend that you consult an inheritance attorney at an early date.
Our firm will accompany you through not only consultation regarding the validity of a will but also all necessary legal procedures, such as filing a lawsuit against the adulterous partner.
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