CONTENTS
- 1. The Account of the Client Who Came to a Gangnam Inheritance Attorney
- 2. Gangnam Inheritance Attorney Proceeds with the Lawsuit for Return of the Reserved Portion
- 3. The Court Accepts All of the Gangnam Inheritance Attorney's Arguments
1. The Account of the Client Who Came to a Gangnam Inheritance Attorney
The client who came to a Gangnam inheritance attorney requested help from Daeryun Law Firm because he could not inherit even a single penny due to his deceased father's will.
Through his will, the father expressed his intention to give all of his property to the stepmother.
After the will was prepared, the stepmother changed the title of most of the property held in the father's name just before he passed away, and when the father died, she sought to take all of the property on the basis of the will.
Not knowing what to do, the client requested legal advice from a Gangnam inheritance attorney at Daeryun Law Firm.
The Gangnam inheritance attorney at Daeryun Law Firm advised that, on the basis of the reserved portion system, the client could inherit the reserved portion, and the client entrusted the lawsuit for return of the reserved portion to the Gangnam inheritance attorney at Daeryun Law Firm.
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2. Gangnam Inheritance Attorney Proceeds with the Lawsuit for Return of the Reserved Portion
The Gangnam inheritance attorney at Daeryun Law Firm formed a task force team of 3 to 20 inheritance attorneys dedicated solely to the client's case, centered on the Gangnam inheritance attorney, in advance of the litigation.
The Gangnam inheritance attorney at Daeryun Law Firm then conducted a thorough investigation into the property owned by the client's father, the property whose title had been changed, the timing of the title change, and the surrounding circumstances.
▶ Dividing the father's property in accordance with inheritance law is lawful.
▶ The stepmother received all of the father's property by testamentary gift, so the client's reserved portion was infringed.
▶ The client has the right to inherit his statutory share.
Through the arguments above, the Gangnam inheritance attorney at Daeryun Law Firm argued that the client should inherit the reserved portion.
The Reserved Portion System Explained by a Gangnam Inheritance Specialist Attorney
- The reserved portion system
- Holders of the reserved portion right
Under Article 1112 of the Civil Act, those who hold the reserved portion right are limited to the decedent's lineal descendants, spouse, lineal ascendants, and the like.
A person who may exercise the reserved portion right must be a person who has inheritance rights according to the order of inheritance of property, so where there are first-order heirs, namely the decedent's lineal descendants and spouse, the second-order heirs, namely the lineal ascendants, cannot exercise the reserved portion right.
Under Article 1118 of the Civil Act, an unborn child also holds the reserved portion right as a lineal descendant if it is born alive, and an heir by representation also holds the reserved portion right within the scope of the share of the person represented.
Because the reserved portion is based on the statutory share, a person who has lost inheritance rights through disqualification or renunciation of inheritance, which are grounds for loss of inheritance rights, naturally also loses the reserved portion right.
- The proportion of the reserved portion
For the decedent's lineal descendants it is 1/2 of their statutory share, and for the decedent's spouse it is also 1/2 of the statutory share.
For the decedent's lineal ascendants it is 1/3 of their statutory share.
- The right to claim return of the reserved portion
The right to claim return of the reserved portion is extinguished by prescription if it is not exercised within 1 year from the time the holder of the reserved portion right becomes aware of the commencement of inheritance and of the gift or testamentary gift to be returned.
Because a claim for return of the reserved portion causes even a gift made by the decedent during his lifetime to lose its effect, and there is a concern of harming the safety of transactions, a short extinctive prescription of 1 year was established.
The right to claim return of the reserved portion is also extinguished upon the lapse of 10 years from the time inheritance commenced.
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3. The Court Accepts All of the Gangnam Inheritance Attorney's Arguments
The court accepted all of the arguments of the Gangnam inheritance attorney at Daeryun Law Firm and ordered that the full reserved portion be returned to the client.
In addition, the court ruled that most of the litigation costs were also to be borne by the defendant (the stepmother).
The client expressed gratitude for the assistance of the Gangnam inheritance attorney at Daeryun.
If you are in a difficult situation similar to the above, you may consult a 🔗Gangnam inheritance attorney at Daeryun for legal advice.
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