“I can’t leave a single penny to my wife” will… It was in the name of her husband’s property brother
#Ms. Min-yeong (pseudonym · 44 · female) sent to heaven after taking care of her husband for several years . He barely managed to calm his sad heart, but soon he received shocking news. The apartment in her husband’s name was transferred to the name of her husband’s brothers. All the expensive things her husband usually owned passed to his brothers.
Minyoung asked her brothers what had happened. Then they showed her husband’s will. The will said, ‘I leave no inheritance to her wife. Half of the apartment is given to brother A, and the remainder is divided equally among the other brothers. The money in the account is taken by A’.
Shocked, Min-young filed a lawsuit to the court to confirm the invalidity of the will. What were the results? The court sided with Min-young, saying that her husband’s will was not effective as a will. It is because she did not keep the form of the will.
Why did this will not have legal effect?
First of all, there are five types of wills: △handwritten will △recorded will △notarized will △secret will △oral will.
However, Min-young’s husband did not write the will by hand ‘directly’ and signed it instead of a seal, so the will did not take effect.
According to Article 1066 of the Civil Act, in order for a handwritten document that meets the legal requirements to take effect as a will, the entire text must be written by hand by the person concerned. In short, a will left by a computer program such as a word processor is invalid.
The year, month, day and name must also be written in the will. At this time, you must stamp your hand next to your name, but a signature instead of a stamp is invalid.
The address of the inherited property must also be detailed in the will. It should not be written somewhat vaguely, such as ‘all property’, ‘the apartment I live in메이저사이트‘, and ‘2 bankbooks in the room’. This means that the account number and location must be accurately entered. Recently, the Supreme Court judged that the effect of a handwritten will cannot be recognized in a will that includes ‘Dong’.
Depending on the content, a will may become invalid. For example, if the testator wrote in the will that he would hand down 1 billion won to the person who retaliated against Mr. B, who had a grudge, it would be invalid. This is because Article 103 of the Civil Act defines a will as null and void if the contents of a will go against the concept of justice and ethical order.
A will made by an incapacitated person may also be invalid in court. Representative examples are wills left by minors under the age of 17, those left by people suffering from Alzheimer’s (dementia) or those who have no sense of self-interest immediately after surgery.
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