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Q

Please tell me how to write a will.

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I'd like to ask an insurance fraud attorney. I was recently involved in insurance fraud and got contacted by the police. I did have frequent traffic accidents recently, but the insurance company is saying I caused them intentionally to collect insurance money. They reported it as insurance fraud and told me to appear for investigation... it would be best to get help from an insurance fraud attorney, right?

how to write a will

A

Answer to Related Inquiry

Hello. I am an inheritance specialist attorney at Daeryun Law Firm.

If your father is fighting an illness, it is most important to draft a will according to accurate procedures at this point in time to secure the true intent of the will and its legal validity.

A will that lacks proper form is not legally protected even if disputes arise among the bereaved family, so it is good to proceed with attorney review from the start.

The Civil Act recognizes five methods of preparing a will: holographic will, recorded will, notarial will, secret will, and oral will.

Among these, the most recommended method is the notarial will, in which the testator verbally states their intent before a notary public, who then prepares it as a document, and the testator and two witnesses sign and seal it.

A notarial will has the certification of a notary public, so the risk of forgery or alteration is low, and the validity of the will itself is very unlikely to be contested even if inheritance disputes arise later.

If your father is capable of writing personally, a holographic will is also possible.

A holographic will must be entirely handwritten by the testator himself, and the date, address, name, and seal must be entered at the end of the will document for it to take effect.

In urgent situations where the illness has worsened and it is difficult to prepare documents, an oral will is exceptionally possible, where the testator verbally expresses their intent, two witnesses write it down, read it aloud, and sign and seal it.

However, in this case, you must apply for probate confirmation at the family court within 7 days to maintain its validity.

A will is important not only for form but also for the clarity of its content.


Abstract expressions such as "divide the property among the children" can become a cause of inheritance disputes later, so you can prevent disputes by specifying concrete property names and personal information of beneficiaries, such as "one apartment in OO-gu, Seoul, shall be inherited by my eldest son OOO."

In addition, including in the will not only 'how much shall be inherited by whom' but also a clause designating an executor who will manage and execute the inherited property, will make subsequent procedures much clearer.

Lastly, you must keep in mind that your father's health condition can directly affect the validity of the will.

A will is recognized as valid only when the testator's decision-making capacity clearly exists, so preparing medical certificates, doctor's opinions, and video recordings at the time of the will will serve as strong evidence when the authenticity of the will is contested later.

Daeryun Law Firm's inheritance specialist attorneys, who have accumulated extensive practical experience in inheritance and will matters, systematically support the entire process from how to write a will, to probate, and inheritance dispute response.

We recommend receiving consultation in advance to proceed with accurate procedures so that the will your father leaves has full legal validity and can be executed without family disputes.

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