Will Without Written Address Invalid
By Kang Shin-who
Staff Reporter
The Constitutional Court ruled Thursday that a will without a hand-written address and signature of the deceased is not legally binding.
The court rejected a petition demanding that current civil law, which requires a written address and seal to make a will valid, infringes upon the testator’s property rights. A man, identified only as Baek, filed a suit against a group of legal heirs, arguing that his deceased grandfather had left a will saying he would leave all his fortune to him.
However, a lower court ruled against Baek as the will did not contain the seal and address in his grandfather’s own handwriting. Baek then filed a petition with the Constitutional Court.
Eight out of nine justices of the Court ruled that the clause requiring the seal was constitutional, saying a seal was necessary to verify authenticity of a will and prevent possible legal disputes.
As for constitutionality of the law requiring a handwritten address, five justices supported it, saying a testator needs to write his address in his own hand for verification.