Please let me know how to write a will.

Hello. This is an inheritance attorney at Daeryun Law Firm.

If your father is battling an illness, it is above all important to prepare the will now according to the correct procedure, in order to secure the testator's genuine intention and the legal effect of the will.

A will that does not meet the required form is not legally protected even if a dispute arises among the surviving family, so it is advisable to proceed with an attorney's review from the outset.

The Civil Act recognizes five methods of preparing a will: a holographic will, a will by recording, a will by notarial deed, a will by secret document, and a will by oral dictation.

Among these, the most recommended method is the will by notarial deed, in which the testator orally states his intention before a notary, the notary prepares it as a document, and then the testator and two witnesses sign and affix their seals.

Because a will by notarial deed carries the notary's certification, the risk of forgery or alteration is low, and even if an inheritance dispute later arises, the possibility that the validity of the will itself will be contested is very low.

If your father is able to write personally, a holographic will is also possible.

A holographic will must be written in its entirety in the testator's own handwriting, and it takes effect only when the date, address, name, and seal are recorded at the end of the will.

If the situation is urgent or the illness worsens so that preparing a document is difficult, a will by oral dictation is exceptionally possible, a procedure in which the testator states his intention orally, two witnesses record it, and then read it aloud, sign, and affix their seals.

However, in this case, an application for probate must be filed with the family court within 7 days for the will to remain effective.

Not only the form but also the clarity of the content is important for a will.

If it is expressed abstractly, such as “the property shall be divided among the children,” it may become a cause of future inheritance disputes, so, as in “one apartment located in ○○ District, Seoul is bequeathed to the eldest son ○○○,” specifying the precise designation of the property and the personal details of the beneficiary can prevent disputes.

In addition, if the will includes not only ‘to whom and how much will be inherited’ but also a clause designating an executor that determines ‘who will manage and execute the inherited property,’ the subsequent procedure becomes much clearer.

Finally, you should keep in mind that your father's state of health may directly affect the validity of the will.

Because a will is recognized as effective only when the testator's mental capacity clearly exists, preparing a hospital medical certificate, a physician's opinion, and a video recording made at the time of the will together will serve as strong evidence when the authenticity of the will is later contested.

At Daeryun Law Firm, inheritance attorneys who have accumulated extensive practical experience in the field of inheritance and wills systematically support the entire process, from how to write a will to probate and responding to inheritance disputes.

We recommend that you receive a consultation in advance and proceed with the correct procedure so that the will your father leaves has full legal effect and can be carried out without disputes among the family.