IS A HANDWRITTEN WILL WITHOUT WITNESSES CONSIDERED A LEGAL WILL?

A year after my mother passed away, my family learned that she had left a handwritten will without witnesses. The will only specifically stated the specific assets for me and my four siblings. When she was alive, we did not hear my mother talk about dividing this property. So, I would like to ask, is the document left by my mother considered a legal will and must the property be divided according to the will?

According to Clause 1 Article 630 of the Civil Code 2015, the provisions on legal wills are as follows:

“Article 630. Lawful wills

1. A lawful will must satisfy the following requirements:

(a) The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced [into making the will];

(b) The contents of the will do not breach matters prohibited by law or contravene social morals and the will complies with legal formalities.”

Pursuant to Article 633 of the Civil Code 2015, the provisions on written wills without witnesses are as follows:

“Article 633. Unwitnessed written wills

A testator must write a will by his or her own hand and [must] sign it.

The drawing up of a written will without witnesses must comply with article 631 of this Code.”

Pursuant to Article 631 of the Civil Code 2015, the provisions on the content of the will are as follows:

“Article 631. Contents of wills

1. A will must contain the following principal items:

(a) The date on which the will is made;

(b) The full name and place of residence of the testator;

(c) The full names of the persons and the agencies or organizations entitled to inherit the estate;

(d) The estate to be bequeathed and its location.

2. In addition to the items provided in clause 1 of this article, a will may contain other items.

3. A will may not be written using abbreviations or other symbols. If a will consists of several pages, each page must be numbered and bear the signature or fingerprint of the testator.

Where a will is erased or altered, the person writing the will by his or her own hand or the witness to the will must sign his or her name beside the erased or altered item.”

Accordingly, if your mother’s handwritten will fully satisfies the conditions for legality and content specified in Article 631 above, it is considered legal and your mother’s inheritance will be divided according to the content of that will.

In case the handwritten will left by your mother does not satisfy the above conditions, it is considered illegal and your mother’s inheritance will be divided according to the law.