Gangneung Legally Reserved Portion Attorney Assistance Case | Gangneung Attorney Who Argued a Shortfall in the Reserved Portion and Achieved Its Return

The client came to inherit upon the father's death.

In the course of this, the client learned only belatedly that the younger brother had taken a larger share of the inheritance than the client, who had cared for the father throughout his life.

As it turned out, the client had been intentionally excluded from the inheritance by the younger brother.

The client therefore decided to claim the return of the reserved portion against the younger brother and came to the Gangneung branch office to seek an attorney.

The legally reserved portion refers to a certain portion of the inherited property that must, by law, be left for certain heirs.

In other words, it can be described as the proportion of the estate that surviving family members may receive under the law, regardless of the wishes of the deceased.

If there was a disadvantage in the course of receiving an inheritance, one should assert the legal right to the reserved portion in order to receive a rightful inheritance.

Under the Civil Act, a certain portion of the inheritance, the legally reserved portion, is protected as the share of statutory heirs, so if the reserved portion has been infringed, one may file a 🔗Lawsuit to Claim the Return of the Reserved Portion.

At this point, one must first confirm whether one is a person entitled to the reserved portion.

Those entitled to the reserved portion are the *lineal descendants, the spouse, and the *lineal ascendants of the deceased.

Lineal descendants rank first, and their reserved portion is 1/2 of the statutory inheritance share, while the reserved portion of lineal ascendants, who rank second, is 1/3 of the statutory inheritance share.

It should be noted at this point that if there is a first-rank heir, second-rank heirs cannot exercise the reserved portion.

The method for calculating the precise amount of the reserved portion is as follows.

* Lineal descendant : A lineal descendant means "a person of a lower generation than oneself," including biological children, grandchildren, great-grandchildren, and the like.

* Lineal ascendant : This includes parents, grandparents, great-grandparents, great-great-grandparents, and the like.

To argue that the client's reserved portion had been infringed, the attorney collected and analyzed the list of inherited property, the list of gifts, and other materials.

The attorney then submitted the analyzed grounds and firmly argued that a shortfall had arisen in the client's reserved portion.

Through the defendant, the client had part of the reserved portion infringed.

In addition, because the defendant had obtained a special benefit exceeding the reserved portion, the attorney argued that the defendant must return property corresponding to it to the plaintiff.

The case above was an instance in which the client, having had the reserved portion infringed by a younger brother and wishing to take legal action, sought assistance from a 🔗Gangneung Attorney.

At Daeryun Law Firm, assistance is provided across every stage, from confirming entitlement to the reserved portion to calculating and claiming it.

In addition, any related cases that arise in this process are also handled in collaboration with experts in each field.

If you need a lawsuit to claim the return of the reserved portion as in the case above, please feel free to use the 🔗Legal Consultation Booking at any time.