공증상담
공증상담
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| 이메일 | mikekim90** @ yahoo.com |
|---|---|
| 핸드폰번호 | 01087155*** |
If im a foreigner with land in korea and i die does my korean wife and son get everything or can i use a will or trust to leave everything to my parents?
답변등록
Yes, a testator who is a real estate owner in Korea can designate a recipient and designate a future heir. This is written by a notary lawyer and listens to the testator's oral statement in accordance with Article 1068 of the Civil Code.
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What you should know is that the legal heirs of the testator may later file a lawsuit for the legal portion of the heir. Of course, if you don't file a lawsuit for the portion of the heir, it will all be inherited to the designated person.
(In Korea, most heirs pay one-half of their basic legal inheritance.)
1. If a will and fair certificate is prepared, unlike a written will, it is possible to immediately execute a will without going through the court's approval process after the testator dies.
The seal procedure (procedure to investigate a will) is a procedure in which a court confirms the true intention of a testator and notifies the contents of the will to an interested party to judge the authenticity of the will. It takes time (months) and costs a lot, and when other heirs object to a will, inheritance is often registered through a separate lawsuit. In many cases, inheritance tax is paid after the deadline for payment of inheritance tax (6 months after death).
2. A will notarization is more advantageous for tax savings than a living gift, and unlike a living gift, it is possible to dispose of the property or withdraw or change the will if the situation within the family, the will's thoughts, or the details of the property change even after a will notarization is made.
3. The testator can freely give more to the child who wants to give the property, and donate it to a third party, church, orphanage, volunteer organization, or social welfare corporation.
4. In the case of real estate, the recipient can directly receive the registration transfer, and in the case of deposit bonds, the recipient can withdraw it alone.
5. Since a will notarial deed is an official document prepared by a legal professional with more than 10 years of experience, unlike a will, there is no fear of being caught up in a lawsuit for invalidity of a will or a forgery dispute, and it is easy to execute a will such as registration of transfer of ownership after death, and the court recognizes the value of strong evidence such as an official document.
6. There is no risk of loss, damage, forgery, or falsification of the original will notarization in a notarization safe for 20 years.
It is necessary to check in advance whether there is a reason for disqualification for the witness and the executor of the will.
(In Korea, most heirs pay one-half of their basic legal inheritance.)
[The merits of notarizing a will]
1. If a will and fair certificate is prepared, unlike a written will, it is possible to immediately execute a will without going through the court's approval process after the testator dies.
The seal procedure (procedure to investigate a will) is a procedure in which a court confirms the true intention of a testator and notifies the contents of the will to an interested party to judge the authenticity of the will. It takes time (months) and costs a lot, and when other heirs object to a will, inheritance is often registered through a separate lawsuit. In many cases, inheritance tax is paid after the deadline for payment of inheritance tax (6 months after death).
2. A will notarization is more advantageous for tax savings than a living gift, and unlike a living gift, it is possible to dispose of the property or withdraw or change the will if the situation within the family, the will's thoughts, or the details of the property change even after a will notarization is made.
3. The testator can freely give more to the child who wants to give the property, and donate it to a third party, church, orphanage, volunteer organization, or social welfare corporation.
4. In the case of real estate, the recipient can directly receive the registration transfer, and in the case of deposit bonds, the recipient can withdraw it alone.
5. Since a will notarial deed is an official document prepared by a legal professional with more than 10 years of experience, unlike a will, there is no fear of being caught up in a lawsuit for invalidity of a will or a forgery dispute, and it is easy to execute a will such as registration of transfer of ownership after death, and the court recognizes the value of strong evidence such as an official document.
6. There is no risk of loss, damage, forgery, or falsification of the original will notarization in a notarization safe for 20 years.
It is necessary to check in advance whether there is a reason for disqualification for the witness and the executor of the will.
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