Probate case in Korea
International
Jurisdiction
Will
Inheriance
International Jurisdiction
In essence, the jurisdiction of the international Probate case is predominantly ascertained by the nationality of the decedent at the time of death. Nevertheless, it is essential to emphasize that this principle does not constitute an absolute rule, and the determination of jurisdiction may undergo variation based on several factors. Such factors encompass, but are not limited to, the magnitude or geographic location of the inherited property, the nation deemed reasonable for evaluating advancements and contributions during the decedent's lifetime, or the nationalities of the involved parties.
Will
(1) A will shall be governed by the law of nationality of the testator at the time of the will.

(2) The amendment or withdrawal of a will shall be governed by the law of nationality of the testator at the time of the amendment or withdrawal of the will.

(3) The method of a will shall be governed by one of the laws in the following subparagraphs:
1. The law of the country of the testator's nationality at the time of the testator's will or death;
2. The law of the habitual residence of the testator at the time of the testator's will or death;
3. The lex loci actus at the time of the testator's will;
4. The lex situs on the method of will with respect to real property.
Inheritance
(1) Inheritance shall be governed by the law of nationality of the decedent at the time of death.

(2) When the decedent clearly designates, by the methods applicable to a will, one of the following laws as the applicable law, inheritance shall be governed by the law irrespective of the provision of paragraph (1):
1. The law of the country where the habitual residence of the decedent is located at the time of the designation: Provided, That such designation shall be effective only if the decedent had maintained his/her habitual residence in the country until the time of his/her death;
2. The law of the situs of real property with respect to the inheritance regarding the real property.