AMENDMENT OF WILL AFTER BEING MADE, POSSIBLE OR NOT?

Individuals have the right to make their will and freely decide on the division of inheritance, the appointment of a manager and the purpose of use of the estate. At the same time, amendment of will is also a permitted right according to the law. So, what are the regulations on the right for amendment of will?

1. In what forms may a will be made?

According to current laws, wills can exist under the following forms:

– Written will; or

– Oral will.

A will must be made in writing. If it is not able to be made in writing, it may be made orally.

2. When does a will take effect?

A will shall become legally effective from the time of commencement of the inheritance. However, all or part of a will shall be legally ineffective in some cases. In particular:

– An heir under the will dies prior to or at the same time as the testator dying;

– A body or organization named as an heir no longer exists at the time of commencement of the inheritance.

Where there are several heirs under a will and one of them dies prior to or at the same time as the death of the testator or one of the bodies or organizations named as an heir under the will no longer exists at the time of commencement of the inheritance, only that part of the will which relates to the individual, body or organization no longer existing shall be legally ineffective.

– A will shall not be legally effective if the estate left to the heirs no longer exists at the time of commencement of the inheritance. If only part of the estate left to the heirs remains, only that part of the will which relates to such part of the estate shall be legally effective.

Note:

+ Where a will contains provisions which are unlawful but such provisions do not affect the effectiveness of the remainder of the will, only such provisions shall be legally ineffective.

+ Where a person leaves behind more than one will with respect to certain property, only the most recent of such wills shall be legally effective.

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3. How is amendment of will implemented?

a. Time when amendment of will is allowed:

A testator may amend, add to his or her will at any time. This regulation is also applied for the cases of will replacement or revoke.

b. Effect after ammendment of will:

If a testator adds to his or her will, the original will and the codicil shall have equal validity. If a part of the original will and the codicil conflict with each other, the codicil shall prevail.

Where a testator replaces a will with a new will, the previous will shall be deemed to have been revoked.