Overview
The clients sought to challenge a will that left high-value real estate to some of the decedent’s children and disadvantaged the others. Jaehoon Lee represented them in the inheritance litigation.
Issues
The central issue was whether the decedent could understand the will and its legal consequences when it was made. Specific evidence of the decedent’s cognitive condition at that time was needed.
Work
The circumstances and materials bearing on capacity were analyzed and presented to the court. A person who had closely cared for the decedent was called as a witness.
Examination drew out specific testimony about the decedent’s cognitive condition. Together with other evidence, it supported the argument that the decedent could not properly assess the will’s meaning and consequences.
Result
The court found that the decedent lacked the capacity to make a valid will at the relevant time and did not give effect to the will leaving the principal estate assets to particular children.
Related: Litigation & Disputes · International Inheritance Center
U.S. Associated Office: Korean Inheritance Center