Catholic Retired Archbishop's Will Questioned: Lawyer Analyzes Methods Prone to Disputes

In Taiwan, individuals wishing to clearly distribute their assets before death must establish a will, a process governed by five distinct legal methods. Lawyer Chiang Hsin-hsien explains that these options include self-written wills, notarized wills, sealed wills, witnessed wills, and oral wills, each with its own requirements and potential pitfalls.

The self-written will, where the testator personally drafts, dates, and signs the document, is the simplest method. However, Chiang cautions that these wills often become contentious after the testator's passing. Without witnesses present during the creation and signing, disputes can arise regarding the will's authenticity, whether it was made under free will, and if it represents the testator's final intentions. Questions about whether only one such will exists can also fuel legal challenges.

To mitigate these risks, Chiang strongly recommends employing more robust methods such as notarized, sealed, or witnessed wills. Notarized wills are drafted by a notary public with at least two witnesses. Sealed wills involve the testator writing the will, sealing it, and having at least two witnesses sign the seal in the presence of a notary, confirming its contents. Witnessed wills, often prepared with the assistance of a lawyer, require at least three witnesses.

Oral wills are reserved for emergencies, such as critical illness or imminent danger, where the testator dictates their wishes to at least two witnesses, one of whom records it or it is audio-recorded. Such wills automatically expire three months after the testator recovers. Chiang advises that all wills should be made by individuals aged 16 or older, use uppercase for numbers to prevent alteration, and have witnesses who are adults with sound minds and no vested interest in the will's outcome. Engaging a professional lawyer for drafting is highly recommended to avoid future disputes and ensure the will's purpose is fulfilled.