유언의 취소

Abstract

Whether a will can be avoidable based on fraud, duress or mistake should not be determined indiscriminately. This question can be solved according to kind of contents of a will. When a testator makes a will which contains a denial if paternity, an acknowledgement of paternity or the designation of guardian by fraud, duress or mistake, a will is invalid for lack of real intention. However If a will contains prohibition of division of inherited property, designation of method of division, establishment of foundation, testamentary gift or appointment of executor, a will can be avoidable by inheritors. They also ratify a voidable will. Korean Civil Code section146 should be so for the period which inheritors can execute the right. The executor of a will can't execute the right of cancellation. The inheritors should execute the right of cancellation to whom gets the benefit from will directly.