What are the requirements for a valid will?

What the Law Says

South Korean law strictly defines how a will must be made to be legally valid. The Civil Act sets out five formal types of wills — each with specific procedural requirements. Failure to comply with the required form renders the will invalid, regardless of the testator’s intent.

To make a valid will in South Korea, the testator must be at least 19 years old and mentally competent. The will must be made voluntarily, without fraud, coercion, or undue influence.

The Civil Act recognizes five formal types of wills: notarial, holographic (handwritten), sealed, dictated, and emergency. Each has distinct requirements. For example, a notarial will requires a notary public and two witnesses; a holographic will must be entirely handwritten, dated, and signed by the testator; an emergency will is only valid for 30 days and requires three witnesses.

All wills must clearly express the testator’s intent to dispose of property after death. Ambiguity or incomplete execution may invalidate the document.

Statutory Text

A person who has attained the age of nineteen years may make a will.

— Civil Act, s. 1065 — Capacity to Make a Will

Statutory Text

A will shall be made in one of the following forms: (1) Notarial will; (2) Holographic will; (3) Sealed will; (4) Dictated will; (5) Emergency will.

— Civil Act, s. 1066 — Forms of Wills

Statutory Text

An emergency will shall become null and void if thirty days have elapsed since the cessation of the emergency circumstances.

— Civil Act, s. 1073 — Effectiveness of Emergency Will

What to Do

Sources