A will is valid only if it follows a form set by the Civil Act

Wills & Probate Inspection Matters We Handle

1. Drafting a Will · Notarial Wills — We meet the formal requirements and also take forced heirship shares into accountA holographic will requires the entire text, the date, the address, and the name to be handwritten by the testator, plus a seal, and if any one of these is missing the will is void. If a dispute is likely, a notarial will made with two witnesses is the safer choice.Choosing the form of will and checking its requirements · Checking for disqualified witnesses · Calculating in advance whether forced heirship shares would be infringed · Appointing an executor
2. Inspection and Opening of a Will — When the testator dies, the will is submitted to the court without delayA person who keeps or finds a holographic, recorded, or secret will must, without delay after the testator's death, ask the family court to inspect it (Article 1091). A sealed will is opened by the court in the presence of the heirs and others concerned (Article 1092).Preparing the petition for inspection and confirming the competent court · Identifying and notifying all heirs · Obtaining the inspection protocol and using it for registration and changes of title · Inspection within 7 days for an oral will made in an emergency
3. Disputes over Validity of a Will — We contest defects of form, testamentary capacity, and forgeryThe main issues are defects in the formal requirements, lack of mental capacity at the time the will was made, forged handwriting, and disqualified witnesses. We consider an action to confirm that the will is void, a claim to cancel transfer registrations, and a claim for return of forced heirship shares together.Requesting handwriting and seal impression analysis · Checking testamentary capacity through medical records · Investigating the witnesses and how the will was notarized · A secondary claim for return of forced heirship shares
4. Will Depriving an Heir of Inheritance Rights — Can only be made by notarial willAgainst an heir who seriously breached a duty of support, or committed a serious crime against or treated the testator extremely unjustly, the testator can declare an intention to deprive that heir of inheritance rights by a notarial will, and the executor then petitions the family court for the loss of inheritance rights (Article 1004-2(1)).Whether the grounds for deprivation are met, and organizing the evidence · Drafting the notarial will · Appointing an executor (the heir concerned cannot be appointed) · Preparing the petition procedure after death

1. The Five Forms of Will and Their Requirements

Minors, adults under full or limited guardianship, persons who benefit from the will, and their spouses and lineal blood relatives cannot be witnesses, and for a notarial will, persons disqualified under the Notary Public Act also cannot be witnesses (Article 1072).

2. Common Reasons a Will Is Void

• Missing address: If no address is written in a holographic will, it is void even if there is no difficulty identifying the testator. The address need not be the registered resident address, but it must be the place that is the base of the testator's life, written precisely enough to distinguish it from other places.
• Missing seal or copies: A document without a seal, a computer printout, or a photocopy does not meet the requirements of a holographic will. Case law treats a thumbprint used instead of a seal as valid, and has also held a will valid where the address was written on the envelope containing the text of the will, if the envelope can be seen as part of the will.
• Disqualified witnesses: If a child who receives property, or that child's spouse, takes part as a witness, the witness requirement is not met.
• Testamentary capacity: If the testator lacked mental capacity at the time, for example because of dementia, the validity of the will can be challenged. Medical records and the circumstances in which the will was made are key evidence.

3. Procedure After Death: Inspection, Opening, and Execution

1. Petition for inspection: A person who keeps or finds a will document or recording submits it to the family court without delay after the testator's death and asks for inspection (Article 1091). The competent court is the family court for the place where the inheritance opened (Article 44(1)(vii) of the Family Litigation Act).
2. Opening: A sealed will is opened by the court in the presence of the heirs, their representatives, and other interested persons (Article 1092).
3. Execution: If no executor has been designated by the will, the heirs become the executors (Articles 1093 and 1095). If necessary, a petition is filed with the family court to appoint an executor.
4. Taking effect: A will takes effect from the time of the testator's death (Article 1073). A lawful will does not become void merely because it was not inspected, but in practice registries and financial institutions often require the inspection protocol.

4. Points to Check When Making a Will

• Forced heirship shares: Even a will cannot infringe the forced heirship shares (yuryubun) of lineal descendants, the spouse, and lineal ascendants. A will that leaves everything to one child may lead to a claim for return of forced heirship shares, so it is best to calculate this in advance.
• Designating the method of division or prohibiting division: A will can set the method of dividing the estate or prohibit division for up to 5 years from the opening of the inheritance (Article 1012).
• Revocation and changes: A will can be revoked at any time, and the right to revoke cannot be waived (Article 1108). If several wills are left, the later will prevails to the extent they conflict (Article 1109).
• Intention to deprive an heir of inheritance rights: Against an heir with grounds such as abuse or refusal to provide support, this intention can be declared only by a notarial will (Article 1004-2(1)). In that case, the heir concerned cannot be the executor.

Key Court Decisions

Supreme Court Decision 2012Da71688, decided September 26, 2014

A holographic will is effective only if the entire text, date, address, and name are all handwritten and a seal is affixed, and if the address is not handwritten, the will is void even if there is no difficulty identifying the testator. The Court held that merely writing "at Amsa-dong" next to the date could hardly be regarded as stating an address.

Supreme Court Decision 97Da38510, decided June 12, 1998

Inspection of a will is only an evidence-preservation procedure that examines and confirms facts about the form of the will, not a ruling on its validity, so a lawful will takes effect on the testator's death even without inspection or opening. The Court also held valid a holographic will whose address was written on the envelope and which was sealed with a thumbprint.

Frequently Asked Questions

Inheritance Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026