CONTENTS
- 1. Claim for a Contributory Portion | Concept
- - Contributor
- - Contributory Portion
- 2. Claim for a Contributory Portion | How a Contributory Portion Is Determined
- - Agreement Among Co-Heirs
- - Determination by Adjudication of the Family Court
- - Factors Considered by the Court
- 3. Claim for a Contributory Portion | When and How to File
- - When a Claim May Be Filed
- - How to File
- - Required Particulars
- 4. Claim for a Contributory Portion | How Inherited Property Is Divided
- - Calculation Formula
- - Example
- 5. Claim for a Contributory Portion | Checklist
- - An Inheritance Attorney's Support System
1. Claim for a Contributory Portion | Concept
A claim for a contributory portion (adjudication determining a contributory portion) is a procedure in which, where there is a co-heir who has contributed to the formation or maintenance of the decedent's property or to the special support of the decedent, that heir petitions the Family Court to adjust the inheritance shares to reflect the contribution.
Contributor
A contributor refers to a co-heir who has lived in community with the decedent and made a special contribution to the formation or maintenance of the property (Civil Act, Article 1008-2(1)).
However, a person who is not an heir cannot be a contributor.
Contributory Portion
A contributory portion is a system under which, when inheritance commences upon the death of the decedent, an heir who has made a special contribution (a contributor) is recognized as entitled to an additional share of the inheritance corresponding to that contribution (Civil Act, Article 1008-2).
Ordinary support or household labor is not recognized as a contribution, and a special contribution such as the following must exist.
② Where the contributor bore substantial medical care expenses or provided long-term nursing care and thereby preserved the inherited property
2. Claim for a Contributory Portion | How a Contributory Portion Is Determined
A contributory portion can be determined through a claim for a contributory portion, but it can also be determined by agreement.
Agreement Among Co-Heirs
As a rule, a contributory portion is determined by agreement among the co-heirs (Civil Act, Article 1008-2(1)).
However, if no agreement is reached, a contributor may petition the Family Court for an adjudication determining the contributory portion.
Determination by Adjudication of the Family Court
In the following situations, a contributor may petition the Family Court to determine the contributory portion.
▷ Where agreement on the contributory portion cannot be reached
Factors Considered by the Court
When an adjudication determining a contributory portion is petitioned for, the court determines the contributory portion by considering the following (Civil Act, Article 1008-2(2)).
▷ The method of the contribution
▷ The degree of the contribution
▷ The value of the inherited property and other circumstances
3. Claim for a Contributory Portion | When and How to File
A claim for a contributory portion may be brought only by a person who is an heir of the decedent and who has made a special contribution to the maintenance or increase of the property.
In other words, a family member or third party who is not an heir cannot be a contributor and therefore cannot claim a contributory portion.
When a Claim May Be Filed
A contributor may claim a contributory portion against the other co-heirs in the following two situations.
② Where, after the inherited property has already been divided, the contributor claims payment of an amount equivalent to the inheritance share
※ Even where the inherited property has been divided without a claim for a contributory portion, a contributor who meets certain requirements may subsequently seek reimbursement of the contributory portion.
How to File
To have a contributory portion recognized, a contributor must petition the Family Court for an adjudication determining the contributory portion in accordance with the following procedure.
: Set out specifically the timing, method, and degree of the contribution
② Filing with the Family Court
: Submit the petition for adjudication to the Family Court having jurisdiction over the place where the inheritance commenced
③ Fact-finding and proof
: It is necessary to submit specific materials such as records of medical expenses, nursing care logs, and evidence of monetary support
④ Determination of the contributory portion
The contributory portion is adjudicated based on the contributor's assertions and supporting evidence, the overall size of the inherited property, and other factors
Required Particulars
When petitioning for an adjudication determining a contributory portion, the following must be included (Family Litigation Rules, Article 111).
② Where there is another case related to the contributory portion (such as a claim for division of inherited property), the name of that case and the court involved
※ A mere assertion such as "I provided nursing care for a long time" is not sufficient; the key lies in the specificity of the degree, timing, and method of the contribution, together with objective supporting evidence.
4. Claim for a Contributory Portion | How Inherited Property Is Divided
Once a contributor's contributory portion has been determined through a claim for a contributory portion or by agreement, the contributory portion is first deducted from the inherited property, and the remaining amount is divided among the heirs according to their statutory shares.
In this case, the contributory portion is added separately to the contributor's own inheritance share.
Calculation Formula
{(Inherited property − contributory portion) × each heir's statutory inheritance ratio} + (the contributor's contributory portion)
※ In this case, the contributory portion may not exceed the amount remaining after deducting the value of any bequest from the inherited property (Civil Act, Article 1008-2(3)).
Example
Child C bore substantial treatment expenses and provided long-term nursing care for A, and was recognized as having a contributory portion of 50 million won.
Statutory Inheritance Shares
Spouse B (increased by 50% over the lineal descendants) | 3/7 |
Contributor, child C | 2/7 |
Child D | 2/7 |
※ In this case, as shown above, the decedent's legal spouse receives an inheritance share increased by 50% over that of the decedent's lineal descendants (children).
Result Reflecting the Contributory Portion
Spouse B | (330 million − 50 million) × 3/7 = 120 million won |
Contributor, child C | (330 million − 50 million) × 2/7 + 50 million = 130 million won |
Child D | (330 million − 50 million) × 2/7 = 80 million won |
5. Claim for a Contributory Portion | Checklist
A claim for a contributory portion is a procedure in which the contributor must prove the fact of the contribution themselves.
Accordingly, the specific content of the contribution and the supporting evidence should be prepared sufficiently in advance of the claim.
Item to Prepare | Details |
Confirming contributor eligibility | Where the person is an heir and has made a special contribution to the formation or maintenance of the property |
Whether the person is a co-heir; mere nursing care or household labor is excluded | |
Organizing the contribution | Organize the timing, method, and degree of the contribution |
Specify when, by what method, and to what degree the contribution was made | |
Gathering supporting evidence | Medical expense receipts, remittance records, nursing care logs, evidence of business participation, and the like |
Preparing the petition | Enter the required particulars in the petition for adjudication |
Timing, method, and degree of the contribution, plus whether there is any related case | |
Filing with the competent court | The Family Court having jurisdiction over the place where the inheritance commenced |
An Inheritance Attorney's Support System
For a contributor's effort and sacrifice to be fully reflected, accurate legal judgment and a precise strategy of proof are required.
Daeryun Law Firm responds by forming a task force of 1 to 20 members according to the scale and difficulty of the case, centered on specialized attorneys who generally have 10 or more years of experience.
Drawing on extensive experience handling a wide range of inheritance and family cases, the firm also collaborates with experts such as accountants and tax advisors to carry out the analysis of the facts and the proof of rights in a systematic manner.
If you are in a situation that calls for a response regarding a contributory portion claim, you may review a response strategy suited to your current situation through 🔗a legal consultation reservation with an inheritance attorney.
Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), is a legal partner that provides one-team legal services led by highly experienced specialized attorneys.
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