Noncompliance with the Formality of Will and the Probate of Oral Will

Oral will which is made by the person facing imminent death from disease or for other reason is specially required to be probated by family court. Though the oral will based on specially simple procedure is a means to allow the person who faces imminent death from disease, etc, to guarantee the freedom of a will, the probation system was designed to confirm the real intention of the will. The probation procedure is required to make the oral will come into effect, in addition to the compliance of the formality of the will. For that reason, special problem which rarely arises from other types of will, namely the probate of oral will, comes to the fore if the will was made in violation of formality. The probated will does not suggest that the will is confirmed to meet the legal requirement for other formality of will, considering that the probate of oral will is nothing but the procedure to prove that the will was made from the real intention of testator and to make such oral will come into effect. The will is finally confirmed to be effective by the civil suit made in accordance with the legal procedure of which execution is fully assured. In some cases, the probated will may adjudged to be void its effect due to the violation of the formality in which the will was made, or may be revoked for practical reason that the will was not made by the real intention of testator. However, the oral will is adjudged to be void if it is not probated. Considering that civil suit is more appropriate than family suit regarding the noncompliance of formality, there is no right to judge whether the formality of will which is the object of probate of oral will was complied with. The probate of oral will cannot be rejected for the reason that the will was adjudged to be void because it was made in noncompliance of the formality.