Government of the Republic of Korea

“ In order to make a will by an instrument of dictation in a case where a will is not able to be made in compliance with the forms mentioned in the preceding four Articles due to disease or any other cause imminent, the testator must orally declare the tenor of his will to one of the witnesses in the presence of at least two witnesses, and the person to whom the oral declaration is made must write it down and read it, and the testator and each witness, after their having acknowledged the writing to be due and correct, must affix their signature and seal thereto. ”

“ An executor by designation or appointment shall be deemed to be a representative of the inheritor. (2) The provisions of Articles 681 through 685, 687, 691 and 692 shall be applied mutatis mutandis to executors. Article 1104 (Remuneration for Executor) (1) When a testator has not provided remuneration for an executor in his will, the court may determine remuneration for the executor who assumed office by designation or appointment by taking into consideration the status of the inherited property, or any other circumstances. ”

“ Where there exist two or more inheritors, and one of them has effected a renunciation of inheritance, his share of the inheritance shall revert to the other inheritors in proportion to their respective shares thereof. ”

“ If there exist such inheritors as provided in Article 1000 (1) 1 and 2, the spouse of the inheritee becomes a co-inheritor, in the same order as the said inheritor. If there exists no inheritor, the spouse becomes the sole inheritor. (2) In the case mentioned in Article 1001, the spouse of the deceased or the disqualified person, before the commencement of inheritance, becomes a co-inheritor in the same order as the inheritors provided in the same Article. If there exists no inheritor, the spouse becomes the sole inheritor. ”

“ Article 1018 (Apportionment of Warranty Liability of Insolvent Co- Inheritor) If there is an insolvent person among co-inheritors liable for warranty, the portion of liability which such person is to bear is apportioned to those having the right to claim for reimbursement and other solvent co-inheritors in proportion to their inherited portions: Provided, That if the person who has the right to claim reimbursement fails to receive any reimbursement due to his own negligence, he may not make a demand upon the other co-inheritors to bear their portions. ”

“ A legal reserve of inheritance shall be calculated as the sum of the values of the inherited properties and the given properties at the commencement of inheritance minus the total amount of debts of the inheritee. ”

“ Even if a husband administers, uses or takes the profit of his wife’s property through marriage before the date of enforcement of this Act, the husband shall lose the right from the date of enforcement of this Act. ”

“ In effecting a qualified acceptance pursuant to Article 1019 (3) , if there is any property, among the inherited properties, which is already disposed of, its inventory and value shall be submitted together.
Article1031 (Qualified Acceptance and Non-extinction of Rights and Du- ties over Property) Where an inheritor effects a qualified acceptance, any rights and duties over property which he had towards the inheritee shall be deemed not to have been extinguished. ”

“ If a will which has been made by a secret document is defective as to formalities, he shall be deemed as a holograph will if he fulfills the formalities of a holograph document. Article 1072 (Ineligibility for Witness) (1) Any person falling under one of the following subparagraphs may not become a witness to the preparation of a will:
1.A minor; (Supp. 3) (Supp. 3)
2.An incompetent and quasi-incompetent person; and 3.A person to be benefited by a will, his spouse, or lineal blood relatives. ”

“ Those persons who committed acts subject to minor fine in accordance with the previous Act, and have not been tried at the time of enforcement of this Act, shall be tried only in a case where they are to be subject to a fine for negligence in accordance with this Act. ”

“ A third person who has accepted the commission mentioned in Article 1093, must designate an executor without delay after he has knowledge of the commission, and he must give notice thereof to the inheritors. ”

“ If one of the co-inheritors assigns his or her share of the inheri- tance to a third person, any other co-inheritor may obtain such share by transfer upon effecting a reimbursement of its value and expenses relating to the transfer. ”

“ Article1049 (Condition to Set up against Third Person in case of Sepa- ration of Property) As to immovable inherited property, a separation of property cannot be set up against a third person, unless it has been registered. ”