Key Points
- The law recognizes only five forms of will (a handwritten holographic will, a recorded will, a will by notarial deed, a secret will, and an oral dictated will); a will outside these forms has no effect (Articles 1060 and 1065 of the Civil Act).
- A holographic will requires the testator to handwrite the entire text, the year, month and day of making, the address, and the name, and to affix a seal. Omitting even the address alone voids the will, even if there is no doubt about who wrote it (Article 1066; Supreme Court Decision 2012Da71688, decided September 26, 2014).
- The court's probate inspection (geomin) is a procedure that records the condition of the will. It does not decide validity, and a will that meets the requirements does not lose effect just because inspection was skipped (Supreme Court Decision 97Da38510, decided June 12, 1998).
- While an invalidity suit is pending, the one-year deadline for a forced-share (yuryubun) claim may keep running, so the two claims should be pursued side by side (Article 1117).
The five forms of will
A person may make a will from age 17 (Article 1061 of the Civil Act), and a will is effective only if made in a form prescribed by the Civil Act (Article 1060). In court, a will that violates the formalities is treated as void even if its content matches what the deceased truly intended.
| Form | Requirements | Probate inspection after death |
|---|---|---|
| Holographic will (Article 1066) | The text, date of making (year, month, day), address and name are all handwritten, and a seal is affixed. Any insertion or deletion must also be marked in the testator's own hand and sealed | Required |
| Recorded will (Article 1067) | The testator records the content of the will, his or her name and the date, and a witness present records that the will is genuine and the witness's own name | Required |
| Will by notarial deed (Article 1068) | In the presence of two witnesses, the testator orally states the gist of the will to a notary; the notary writes it down and reads it aloud, and the testator and witnesses confirm its accuracy and sign or write their names and seal | Not required |
| Secret will (Article 1069) | A will bearing the maker's name is sealed in an envelope and stamped with a seal, submitted before two or more witnesses, and the date of submission is written on the envelope and signed. A fixed date must then be obtained within five days | Required |
| Oral dictated will (Article 1070) | Allowed only when urgent circumstances such as imminent death make the other four forms impossible. One of two or more witnesses writes down the testator's words and reads them aloud | Application within seven days after the urgent circumstances end |
Who may serve as a witness is also part of the formal requirements. A person who benefits from the will and that person's spouse and lineal blood relatives, minors, and persons under adult guardianship or limited guardianship are disqualified as witnesses. For a will by notarial deed, persons disqualified under the Notary Public Act are also excluded (Article 1072). If a child who is to receive the estate signed in the witness space, that alone may be worth challenging as a formal defect.
Where holographic wills commonly fail
In one case the Supreme Court held a will void where the testator wrote the date, resident registration number and name at the end and affixed a seal, but in the address space wrote only "in Amsa-dong." The Court said the address need not match the registered address, but it must identify the person's base of living clearly enough not to be confused with another place, and the address cannot be omitted just because there is no difficulty identifying the testator (Supreme Court Decision 2012Da71688, decided September 26, 2014).
There are also cases where wills were upheld. If the address is written on the envelope rather than in the text, the requirement is met as long as the envelope can be regarded as one with the will, and a thumbprint instead of a registered seal counts as a seal. Correcting an obvious clerical error does not undermine the whole will even if the formal correction procedure was not followed. However, the Court held that a photocopy cannot be a holographic will (Supreme Court Decision 97Da38510, decided June 12, 1998). For the same reason, a document typed on a computer and printed is not handwritten and is not recognized as a holographic will.
Issues in an invalidity dispute and the order of steps
| Ground | What to check | Evidence |
|---|---|---|
| Formal defect | Missing address, date or seal; disqualified witness; flaws in the notarization process | Original will, probate inspection record, notarial records |
| Capacity at the time of the will | Whether the testator had lost judgment due to dementia or a similar condition | Medical records, nursing home records, cognitive test results |
| Forgery or alteration | Whether the deceased really wrote it | Handwriting and seal analysis, other writing by the deceased during life |
| Coercion or deception | Whether it was written under someone's pressure or deceit | How it was made, who was present, recordings and text messages |
- Attend the probate inspection hearingHolographic, recorded and secret wills are subject to inspection. A person who keeps or discovers one must apply to the family court for inspection promptly after the death (Article 1091). A sealed will may be opened only in the presence of the heirs or their representatives (Article 1092). Attend the hearing, see the condition of the original with your own eyes, and have your objections entered in the record.
- Gather evidenceSecure medical records from around the time the will was made, handwriting samples for comparison, and materials kept by the notary's office. If the other side is about to transfer registration based on the will, block it with a provisional injunction against disposition.
- Main lawsuitFile a suit for confirmation that the will is invalid, or a suit to cancel registrations transferred on the basis of the will. These are not family cases under the Family Litigation Act and are heard in civil court.
- Alternative forced-share claimIn case the will is ultimately found valid, also claim return of your forced share (yuryubun, the minimum portion of an estate reserved by law for close heirs). If you know of the will and focus only on the invalidity dispute for more than a year, you may lose the forced share as well.
Revoking a will, and when there are several wills
A will takes effect at the moment of death (Article 1073). Until then, the testator may revoke an existing will in whole or in part by making a new will or by acts during life, and a promise to give up the right to revoke has no effect (Article 1108). If an earlier and a later will conflict, or if the testator disposed of the relevant property after making the will, the earlier will is treated as revoked to the extent of the conflict (Article 1109). If several wills turn up, compare each one's date and content. If no executor is named, the family court appoints one at the request of an interested party (Article 1096).
If you are planning to make a will, consider first where disputes are likely to arise. If family conflict is expected, a will by notarial deed with two witnesses reduces formal disputes and does not require probate inspection. Also, a will cannot override the forced shares guaranteed to children, a spouse and parents, so calculate those amounts first. An intention to exclude an heir who abandoned the duty of support or committed abuse can be expressed only by a will by notarial deed, and the excluded person cannot serve as executor (Article 1004-2(1) and (2)). A will may also specify how the estate is to be divided or prohibit division for up to five years from the start of succession (Article 1012).
Frequently Asked Questions
The will is signed but has no seal.
Can a will made at a notary's office also be challenged?
Since the will went through probate inspection, isn't it confirmed as valid?
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Read more →Based on Korean statutes in force (as published by the National Law Information Center, Ministry of Government Legislation) and court decisions as of October 20, 2026. Outcomes may differ with changes in the law and the facts of each case. This page provides general information and is 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
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