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    We safely protect our clients' valuable rights through notary work.

    NOTARIZATION OF WILL

    notarization of will

    notarized will certificate

    Notarization of a will is one of the methods of making a will stipulated in the Civil Code, and is a method in which the testator prepares the contents of the will as a notarized deed with the participation of a notary public.

    Under civil law, a will can be made in five ways: a handwritten deed, a recording, a notarized deed, a secret deed, and an oral deed. Among them, notarization is widely used as the safest and most certain method of making a will in that a notary confirms the testator's intentions and writing procedures and writes it as a notarized deed.

    The need for notarization of will

    ① Prevention of inheritance disputes

    Notarization of a will is a method for a testator to clearly state his or her intentions while alive, and helps prevent disputes related to the distribution of property that may arise among the heirs after the testator's death.

    In particular, a will written through a notarization process can objectively confirm the testator's intentions and the writing process, thereby reducing the possibility of disputes over the authenticity of the will after death.

    ② Securing the validity of the will

    A will is only recognized as effective if it meets the methods and requirements set by law, and if these are not followed, the will may become invalid.

    Notarization of a will is carried out according to the method prescribed by law, with a notary public participating in the writing process, which helps ensure the validity of the will.

    ③ Safe storage of will

    The original will certificate created through will notarization is stored at the notary office for 20 years, preventing the risk of forgery, alteration, or loss of the will.

    In addition, even after the testator's death, relevant documents can be confirmed or issued through a notary office if necessary, enabling stable storage of the will.

    ④ No need for probate procedures

    Some wills, such as a will based on a handwritten document, must go through the court's probate process after the testator's death.

    However, a will based on a notarized deed does not require a separate probate process, allowing the inheritance process to proceed more quickly and smoothly.

    ⑤ Simplification of inheritance procedures

    If you determine in advance the details of inheritance property through notarization, you can proceed more smoothly with the necessary procedures during the inheritance process.

    In particular, if an executor is designated, necessary procedures such as real estate registration can be carried out according to the contents of the will without any additional procedures, thereby reducing the burden on the heirs.

    Will notarization process

    A will made by a notarial deed is made when the testator tells the contents of the will to a notary public in the presence of two witnesses, and the notary public writes it, reads it, and the testator and witnesses confirm the contents and then sign or seal it (Article 1068 of the Civil Code).

    In order to notarize a will, the testator's property relationship and the contents of the will must first be confirmed, and a preliminary review process will be conducted to ensure that a notarized deed suitable for the purpose of the will can be prepared.

    Since there are many documents that need to be prepared for will notarization along with confirmation of details regarding the testator, witnesses, executor, etc., to ensure a smooth process, it is recommended that you contact the notary office in advance to receive guidance on the necessary information. In addition, since the participation of two witnesses is required and the disqualification process for the executor and witnesses must be checked in advance, it is necessary to coordinate the notarization schedule in advance.

    After the necessary preparations are completed, the testator and witnesses visit the notary public office to confirm the contents of the will, and the notary public prepares a notarized deed based on the testator's statement. The will notarization process is then completed when the testator and witnesses confirm that the written information is accurate and then sign or seal it.