Jinju Inheritance Attorney's Assistance | Successful Probate of a Will With the Assistance of a Jinju Attorney

The client had an older sister who was the client's only family.

The older sister had married but lived without children, and after a long period of illness she eventually passed away.

In addition, not long after the sister's death, the client's brother-in-law also passed away.

As a result, the client became the statutory heir to the sister's property, but the brother-in-law's family began to assert their own share of the inheritance on the ground of inheritance by representation.

However, there was a will that the sister had personally prepared shortly before her death, and the client wished to proceed with the inheritance in accordance with that will.

In this process, the client requested a consultation at the Jinju office, and the attorney advised the client that the deceased's will should be executed after going through probate of the will.

The probate procedure for a will is a procedure for confirming, after the testator's death, whether the contents stated in the will are legally valid.

It is conducted by the court in accordance with the Korean Civil Act and related regulations, and the court determines whether the will was prepared in strict compliance with the form and method of preparation required by the Civil Act.

Specifically, the court examines whether the will reliably preserves the testator's final intent, whether it is prepared so that interested parties can clearly understand its contents, and whether it conforms to the 🔗will requirements as to form.

The brother-in-law's family asserted their own share of the older sister's property on the ground of inheritance by representation.

Inheritance by representation refers to a system under which, if an heir dies or renounces the inheritance, that heir's descendants inherit in the heir's place.

However, the assertion of inheritance by representation by the brother-in-law's family is not legally sound.

The brother-in-law may have held a right of inheritance as the sister's legal spouse, but because the inheritance passed to the client upon the brother-in-law's death, the brother-in-law's family cannot assert a right of inheritance.

In addition, when a will exists, inheritance in accordance with the will takes precedence, so in the client's situation it is preferable to have the sister's will legally recognized through probate of the will and to proceed with the inheritance procedure.

The client had devotedly cared for the older sister during her illness.

In addition, at the sister's request, the client had kept the holographic will.

On this basis, the client asserted a request for probate of the will.

The attorney prepared the application for probate of the will to be filed with the court and gathered the necessary documents so that the court could proceed promptly.

In addition, while the probate of the will was being conducted by the court, the attorney requested further confirmation of the contents of the will and actively represented the client's position.

The case above is one in which the probate procedure for a will was successfully completed through the systematic legal assistance of the Jinju Inheritance Attorney.

The client was able to resolve the legal dispute and proceed with the inheritance in accordance with the sister's will.

For clients facing inheritance disputes, Daeryun Law Firm closely analyzes the situation and responds promptly based on a deep understanding of inheritance disputes.

If you are facing an inheritance dispute as described above, please feel free to request a 🔗legal consultation from a 🔗Jinju attorney.