Thursday, October 23, 2025

November, God willing

I've decided not to visit the law office today. Assuming I survive the walk, I'll go sometime after November 15. You might say that it makes no sense to risk death—and the ensuing paperwork messiness for those I leave behind—just to give myself an extra half-day of walk prep. But here's the thing: if I were to visit the law office today, there's no way in hell that I'd leave with a completed draft of a will. Today would be only a consultation because I have questions about whose law—Korea's or the US's—applies in cases like mine. Complicating the issue is that I still have mortal possessions in the US, held in public storage. I suppose I could draft what is called a holographic will—i.e., one completely written by hand (from Greek holo/whole and graphein/write). This will is simple and requires no witnesses. The disadvantage is that it's the easiest sort of will to contest in probate court... but I can't imagine huge fights breaking out over who gets to dispose of my meager possessions. Maybe I should write two holographic wills: one for the Korea side of my life, and one for the US side of my life. That feels somehow thematically consistent with my bizarre, half-and-half existence. So, for a holographic will: (1) write and sign the entire thing and (2) seal the will.

AI says re: Korean requirements for such a will:

  • Written entirely by hand: The testator must personally write out the entire will.
  • Date: The date of the will's creation must be included.
  • Address and Name: The testator's address and full name must be written out.
  • Signature and Seal: The will must be signed and sealed by the testator.
  • Strict compliance: Legal experts emphasize that these formalities must be met precisely for the will to be considered valid by Korean courts.

For the US:

  • Handwritten: The entire will must be in the testator's handwriting, not typed or pre-printed.
  • Signed: The testator must sign the document.
  • State-specific: Validity depends on state law, and many states do not recognize them at all.
  • Requirements vary: States that do recognize them often have specific rules, such as requiring the will to be dated and the testator to have mental capacity.
  • Not always witnessed: While many states don't require witnesses for a valid holographic will, some may and it's generally recommended to have them to avoid legal challenges, according to PlannedGiving.com.
  • Emergency use: They are often used in emergencies or situations where a formal will isn't feasible.

Regarding "state-specific": yes, my home state of Virginia does recognize holographic wills. And no, there doesn't need to be a witness to my signature (but there may need to be a way to confirm that the will is in my handwriting). All in all, I'm thinking two holographic wills, one for Korea and one for the US, can be drafted, signed, sealed in envelopes, and left on my desk for people to find in the event of my death. These wills can serve as a "stopgap" measure if/until I return from the walk. If/When I get back from my walk, I'll visit that law office, consult, then probably move into the formal, official will-drafting stage. And I suppose I'll have to remain in contact with that law office (and have their contact info in my wallet for when my body is found) to be able to update the will every few years.


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