You can file a lawsuit for the return of oil even if you inherited it if it is insufficient.

According to last year's national tax statistics released by the National Tax Service, the number of reports of gifts between direct descendants was 155,638, the highest ever. Accordingly, the number of cases of legal conflicts regarding the distribution of property between co-heirs is also increasing. If you look at the Supreme Court Judicial Yearbook, you can see that inheritance-related lawsuits have nearly doubled in five years.

If the division of property has been too unfair, you can consider filing a lawsuit to claim the return of the oil. A reserved portion is a certain portion of inherited property that cannot be disposed of by the person receiving the inheritance and must be left behind for a certain heir by law.

The reserved portion stipulated in the Civil Act is 1/2 of the statutory inheritance for the deceased's direct descendants, 1/3 of the statutory inheritance for the deceased's lineal ascendants, 1/3 of the statutory inheritance for the deceased's siblings, and 1/2 of the statutory inheritance for the legally married spouse who has completed marriage registration.

In addition to property received through division of inherited property, the reserved portion also includes gifts made during the year before the start of inheritance and gifts that qualify as special profits even after one year has passed. Before proceeding with a lawsuit, you must check in detail the scope of the calculation of the reserve and the statute of limitations and then proceed promptly.

Attorney Park Yong-du of Daeryun Law Firm said, “Even if you have already received an inheritance, if it falls short of the reserved portion, you can request a return of the insufficient reserved portion.” He added, “However, inheritance lawsuits are strict on the statute of limitations, so if you file a lawsuit after the statute of limitations expires, there is a high possibility that it will be dismissed, so you must prepare a lawsuit as soon as you learn of the existence of the reserved portion.”

If the inheritance is divided through an illegal method other than a bequest or gift, there are cases where you may be able to receive the entire statutory inheritance, not the reserved portion. To avoid property damage due to ignorance of these facts, you should prepare to regain as many rights as possible with the help of experts such as an inheritance lawyer.

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