When You Suspect a Will Has Been Forged

The authenticity of a will is argued using the original and samples for comparison. If the other side has the original, secure at least a copy, and quickly gather materials containing handwriting your parent wrote during their lifetime.

• Secure a copy or photo of the will and note how it was found (by whom, when and where)
• Gather handwritten materials your parent wrote around the same time (letters, notebooks, contracts, handwritten entries on bank forms)
• Request medical and hospital records from around the date written on the will
• When a notice of the inspection date arrives, prepare to attend and have your views recorded

The family court's inspection (검인) only confirms and preserves the condition of the will; it does not decide whether the will is valid. If you attend the inspection hearing and state that the handwriting is not the deceased's, this is recorded and can be referred to later in a lawsuit.

The other side may try to register property or withdraw deposits using the inspected will. If you intend to challenge its validity, apply for a provisional injunction prohibiting disposal of the real estate so the property does not pass to someone else in the meantime. If you could not attend the inspection hearing, you can request a certified copy of the inspection record to check the will's condition at that time and the statements of those present.

The way to challenge a forgery is a lawsuit to confirm that the will is invalid. In the lawsuit, an examiner appointed by the court compares the handwriting on the will with the deceased's handwriting from their lifetime, and the more samples there are and the closer they are in time, the more reliable the result. Materials clearly written by the deceased personally, such as bank application forms or contracts, carry weight, while notes a family member wrote for them only cause confusion.

A handwritten will requires the entire text, the year, month and day, the address and the name to be handwritten and sealed (Civil Act (민법) Article 1066). Along with the handwriting dispute, it is common also to argue that one of these formal requirements is missing or that the person lacked mental capacity at the time. If the will is held invalid, the estate is divided based on the statutory shares.

A person who forged, altered, destroyed or hid a will concerning inheritance is disqualified (상속결격) and cannot be an heir (Civil Act Article 1004, item 5). The disqualified person's children can inherit by representation, but from March 17, 2026, the disqualified person's spouse cannot.

Criminally, you can file a complaint for forgery of a private document and use of a forged private document (Criminal Act (형법) Articles 231 and 234), and there is no family exception for these crimes. While waiting for the criminal outcome, make sure the deadlines for civil claims, such as a forced heirship share claim, do not pass.

• Taking or damaging the original will (destroying or hiding a will is itself a ground for disqualification)
• Sending the other side messages declaring them a forger
• Throwing away or clearing out handwritten materials your parent left, such as notebooks or letters
• Waiting only for the handwriting analysis result and letting other claim deadlines pass

Jisan Law first reviews the copy of the will and the comparison samples to separate handwriting issues from formal issues, and then handles everything in one flow: stating your views at the inspection hearing, the provisional injunction, the lawsuit to confirm the will is invalid, the disqualification argument and whether to file a criminal complaint. Consultations are conducted by our managing partner personally.