Frequently Asked Questions

23 2026-10

If the will does not specify a date, and there are multiple conflicting versions, how should they be resolved?

The lawyer explained that in the event of conflicting wills, the latest one shall prevail. There is a risk of invalidity for wills without a date, and if the order of precedence cannot be determined and the conflicting parts cannot be resolved, the inheritance shall be handled in accordance with the law. Evidence collection and the suggestion to make a new will are also provided.

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23 2026-10

After making a will, what should I do if I become incapacitated?

The lawyer explained that the fact that the testator had the capacity to make a will when making the will but later became incapacitated does not affect the validity of the will. According to Article 1143 of the Civil Code, the will cannot be amended during the period of incapacity, and guardianship advice should be provided.

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23 2026-10

Can the witness and the attorney be the same person?

The lawyer explained that the executor can also serve as a qualified witness, but the total number of witnesses must be more than two. He also explained the standard requirements for signing a testamentary will, including the date of signing and the screening of interested parties.

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23 2026-10

Is the will still valid if the witness hasn't signed it?

The lawyer explained the impact of the witness's failure to sign on the validity of the will: a self-written will does not require a witness, but a written and printed will without the witness's signature may be invalid. He cited an example of a real estate will handling case to illustrate this point.

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23 2026-10

What is the process of divorce litigation representation?

The lawyer explained the entire process of divorce litigation representation: entrusting appraisal, filing a lawsuit, serving and providing evidence, mediation, court hearings, and enforcement. He also explained the key points of each stage in handling cases involving marital invalidation, domestic violence mediation, and family property division.

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23 2026-10

Will I be granted a divorce in the first lawsuit for divorce?

The lawyer explained the judicial trend in the first divorce lawsuit: if the evidence is insufficient, the court will generally rule against the divorce; if there are statutory circumstances of marital breakdown, or if the couple separates for more than a year after the court rules against the divorce and then files for divorce again, the court should rule in favor of the divorce.

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23 2026-10

How is the standard for child support determined?

The lawyer explained the standard for alimony: it is determined based on the needs of the children, the ability to pay, and the local living standard. For those with fixed incomes, the alimony should be 20% to 30% of their total monthly income, and for families with two children, the alimony should not exceed 50% of their total monthly income.

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23 2026-10

The other party doesn't agree to the divorce. How long do we need to be separated before a divorce can be granted?

The lawyer explained the criteria for granting a divorce after separation: If the couple has been separated for more than two years due to marital discord and mediation fails, the divorce should be granted. If the divorce is not granted after the first attempt, and the couple separates again for more than a year before filing for divorce, the divorce should be granted. The lawyer also emphasized t...

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