The validity of a will, how is it determined?

It appears that you are inquiring about the criteria for determining the validity of a will.

To answer directly, whether a will is recognized as valid depends on whether it meets the requirements prescribed by law.

Under the Civil Act, a will takes effect only if it follows certain methods and procedures, and the representative methods of making a will are a holographic document, a recording, a notarial deed, a secret document, and a dictated document.

In the case of a holographic will, which is the most commonly used, the following requirements must be met for the will to be recognized as valid.

∙ The entire text of the will must be written personally by the testator

∙ The date of writing, the address, and the name on the will must be written personally

∙ The will must be sealed with the testator's seal or stamp

If even one of these requirements is not met, the validity of the will may be denied.

Where the will was written by another person on the testator's behalf, or where the date or signature is missing, it is sometimes judged to be invalid.

In addition, where there is a suspicion that the testator had lost the capacity for judgment at the time of the will, a legal determination can be obtained through a lawsuit for confirmation of the nullity of the will.

In this case, to assert nullity, objective evidence is required, such as medical records, a medical certificate, and witness statements concerning the testator's mental state at the time of the will.

If there is anything you find suspicious, it is advisable to respond through a lawsuit for confirmation of the nullity of the will or through the probate procedure for the will.

Because complex procedures are involved, it is advisable to establish a response strategy after consulting an attorney specializing in inheritance who has extensive relevant experience.