Ansan Reserved-Portion Attorney Assistance | Ansan Attorney Who Had an Unjust Claim for Return of the Reserved Portion Dismissed

The client was the eldest of four siblings and received a large sum from the father as a gift in advance.

The client's father also gave several hundred million won to a younger brother and the youngest sister.

However, he gave only 50 million won to the second sister, who, dissatisfied with this, filed a lawsuit for the return of a legally reserved portion against the client, who had received the largest sum.

Needing a legal response, the client came to an Ansan attorney and entrusted the review of whether the reserved portion had been infringed and the response to the lawsuit.

The legally reserved portion refers to a certain part of the inherited estate that must, by law, be set aside for certain heirs.

In other words, it could be said that it is the proportion of the estate that surviving family members may receive under the law, regardless of the decedent's intent.

If you believe you were placed at a disadvantage during the inheritance process, you may assert the legal right to the reserved portion and demand a fair share of the inheritance.

🔗Claim for Return of the Reserved Portion If a lawsuit of this kind has been brought against you, the plaintiff's reserved portion must be calculated to determine whether an infringement has occurred.

The reserved portion is calculated as follows.

Here, gifts are limited to those made within the one year preceding the commencement of inheritance, and the market value of the property received by the person obligated to return it is assessed as of the time the inheritance commenced.

It is true that, among the siblings, the plaintiff received the smallest amount as an advance gift from the decedent, the client's father.

However, the attorney proved through relevant evidence that, in addition to the gift, the plaintiff had previously transferred ownership of the decedent's real estate into the plaintiff's own name.

The reserved portion must be calculated by adding the value of gifted property to the value of the property held by the decedent at the time the inheritance commenced and then deducting the full amount of any debts.

However, the plaintiff has not made any specific argument or provided proof as to the total value of the decedent's property at the time of death or the amount of inherited property subject to the reserved-portion calculation.

Accordingly, the Ansan attorney argued that the scale of the inherited estate could not be confirmed and that, furthermore, whether the reserved portion had been infringed could not be determined.

In this case, the client, against whom a claim for return of the reserved portion had been brought by his younger sister, who was dissatisfied at having received the smallest advance gift among the siblings, requested assistance from the 🔗Ansan Attorney.

For clients facing inheritance litigation, Daeryun Law Firm systematically provides the assistance needed to respond to the lawsuit, from confirming rights to preparing an accurate inventory of the inherited estate and calculating amounts.

If you are facing a claim for return of the reserved portion as described above and require a legal defense, you may request assistance with your case at any time through a 🔗Legal Consultation Reservation.