A will written in Los Angeles, Toronto, or Sydney can be perfectly valid where it was signed and still run into trouble in Korea. Before Korean real estate or bank accounts can pass under a foreign will, two questions have to be answered: which country’s law governs the will, and how the will gets through Korea’s court and registry procedures.

Table of Contents
📌 목차 (Table of Contents)

1. Which Law Governs a Will Made Abroad

Two separate questions: form and substance

Korean law treats a will in two layers. One is the form of the will: was it signed, witnessed, and dated correctly? The other is the succession itself: who inherits, and in what shares? Different laws can govern each layer, so a will can be valid in form and still be limited in what it can achieve.

Form: a will is valid if it satisfies any one of several laws

Under Article 78 of Korea’s Act on Private International Law, a will is valid in form if it complies with any one of the following:

  • the law of the testator’s nationality, either when the will was made or at death
  • the law of the testator’s habitual residence, either when the will was made or at death
  • the law of the place where the will was made
  • for real estate, the law of the place where the property is located

In practice, a will that was properly executed under the law of a U.S. state, a Canadian province, or an Australian state where the testator lived will generally be recognized as valid in form in Korea, even if it does not meet Korean formalities.

Substance: the law of the testator’s nationality

The succession itself is generally governed by the law of the deceased’s nationality at the time of death (Article 77). This creates some important distinctions.

  • Korean nationals living abroad, including permanent residents: Korean succession law applies, including Korea’s forced heirship rules.
  • Dual nationals holding Korean citizenship: Korean law treats Korean nationality as controlling, so Korean succession law generally applies.
  • Foreign nationals (for example, naturalized U.S. citizens): the law of their nationality applies in principle. However, many common-law jurisdictions refer succession to real estate back to the law of the place where the property is located. Under Korea’s renvoi rule, this can lead a Korean court to apply Korean law to the Korean real estate after all.

Choosing the governing law in the will itself

Article 77 also allows a testator to choose the governing law in the will, within limits. The testator may choose either:

  • the law of their habitual residence, provided they keep that residence until death, or
  • Korean law, for real estate located in Korea.

Key takeaway: For overseas Koreans who own property in Korea, stating expressly in the will which law governs the Korean assets can remove a great deal of uncertainty later.

2. Korean Will Formalities and Why They Are Strict

If a will needs to rely on Korean form (for example, a will written while visiting Korea, or a will meant to be used in Korea without foreign documents), Korean formalities are notoriously strict. The Korean Civil Code recognizes five forms of will.

  • Holographic will: The entire text, the full date (year, month, and day), the testator’s address, and name must all be handwritten by the testator, and the will must be sealed or thumbprinted. Korean courts have invalidated wills for a missing address or an incomplete date.
  • Notarial will): Made before a Korean notary with two witnesses. This is the most reliable form.
  • Recorded will: The testator states the will aloud, with one witness confirming it on the recording.
  • Secret will: A sealed will presented to two or more witnesses, then dated by a court or notary within a set period.
  • Oral will in an emergency: Allowed only where the testator cannot use the other forms because of illness or another emergency.

Certain people cannot act as witnesses, including beneficiaries under the will and their spouses and lineal relatives. A will that is valid in your home country but used one of these people as a witness can become a problem if Korean form is relied on.

Key takeaway: A typed will signed in front of two friends may be valid under U.S. law, but it would not satisfy Korean formalities on its own. Its validity in Korea then depends entirely on foreign law, which must be proven with supporting documents.

3. The Probate Procedure in Korea

Korea does not have probate in the common-law sense

Korea does not have court-supervised estate administration like U.S. probate. Instead, it has a narrower procedure called as “probate” or “will verification.”

Under Article 1091 of the Civil Code, the person holding a will (other than a notarial will or an emergency oral will) must submit it to the Family Court without delay after the testator’s death. The court records the will’s condition and contents, and the heirs are notified and may attend.

Important: Probation is an evidence-preservation procedure. It does not decide whether the will is valid. If an heir disputes the will’s authenticity, that dispute is resolved in a separate lawsuit.

The process

① Prepare the documents

  • The original will (sealed wills must be opened in court, not beforehand)
  • Proof of the testator’s death and family relationships (Korean family relation certificates; foreign death certificates with apostille)
  • Certified Korean translations of any foreign-language documents

② File with the Family Court

  • Jurisdiction lies with the Family Court for the place where the succession opens (generally the deceased’s last address). Where the deceased lived abroad, this needs to be determined case by case.
  • Heirs living overseas are notified, and they may attend through counsel.

③ Use the probate record for transfers

  • Registry offices and banks generally require the probate record before transferring assets under a holographic or other non-notarial will.
  • If any heir disputes the will at the probate hearing, the registry will generally require either that heir’s written consent (with a certified seal) or a court judgment confirming the will before registering the transfer.

Will → Family Court probate → Registration of real estate / Bank transfer

What about wills already probated abroad?

A foreign probate grant or appointment of an executor does not automatically give authority over Korean assets. Korean registries and banks work with Korean documents, so in practice a will made abroad, even one notarized or probated overseas, is often still submitted for Korean probate before Korean assets can be transferred.

4. Practical Pitfalls and Planning Tips

The revocation clause trap

Many standard foreign wills begin with “I revoke all prior wills.” If a testator has a separate Korean will for Korean assets and later signs a new general will abroad, the new will may unintentionally revoke the Korean will. Each will should state clearly how it relates to the other.

Forced heirship still applies

If Korean succession law governs, certain heirs (spouse, children, and parents) keep a statutory minimum share regardless of the will’s terms. Following Korea’s 2024 Constitutional Court decision, siblings no longer hold this right, and the rules are being revised. A will that leaves everything to one child may still face a forced heirship claim from other heirs. (See our earlier article on forced heirship claims by overseas heirs.)

Proving foreign law

Where a will’s validity rests on foreign law, the party relying on it may need to prove that law to the Korean court or registry, typically through statutes, legal opinions, or affidavits from foreign counsel. Preparing this early avoids delays.

Apostille and translation

Korea is a party to the Apostille Convention. Foreign death certificates, notarized wills, and related documents should be apostilled and accompanied by Korean translations.

A separate Korean will for Korean assets

For overseas Koreans with significant Korean assets, the most reliable approach is often a Korean notarial will covering only Korean assets, coordinated with the will in your country of residence. A notarial will is the most readily accepted by Korean registries and banks.

5. Conclusion

A will made abroad is not automatically ineffective in Korea. Korean law is generous on form and generally recognizes wills that are valid where they were made. The difficulties lie elsewhere: in determining which law governs the succession, in getting through probate and registry practice, and in dealing with forced heirship claims and heirs who may dispute the will.

Overseas Koreans who own Korean assets should review their wills with both Korean counsel and counsel in their country of residence, ideally while the testator is still able to make changes. Coordinated planning now costs far less than litigation later.