[Case of Winning a Lawsuit for Division of Inherited Property] Winning a Lawsuit for Division of Inherited Property and Preserving the Inheritance Share With Daeryun's Assistance

The client in this case came to Daeryun to file a lawsuit for division of inherited property.

The client was in a situation where the respondent, who had been the deceased father's remarriage partner, was demanding an inheritance share.

The respondent had already received a house as a gift from the decedent during his lifetime and had stated that she would relinquish any further rights to the inherited property.

However, after some time passed, she changed her position and demanded a statutory inheritance share from the client.

To respond to this, the client came to Daeryun Law Firm and requested assistance with a lawsuit for division of inherited property.

• What Is Inheritance?

Inheritance refers to the comprehensive succession of the rights and obligations concerning the decedent's property to the heir from the time the inheritance commences, excluding rights that are exclusively personal to the decedent.

- Civil Act (Civil Code), Article 1005

• Order of Succession

- Civil Act (Civil Code), Article 1000(1) and Article 1003(1)

• Method of Calculating the Statutory Share When a Contributor Is Present

A contributory portion refers to the system under which, when one of the co-heirs has made a special contribution to maintaining or increasing the decedent's property or has supported the decedent, that person is allotted property corresponding to the contribution in addition to the statutory share.

For a contributor, the statutory share is calculated by adding the contributory portion.

{(value of the inherited property - contributory portion) × each heir's statutory share ratio} + (the contributory portion, for a contributor)

The respondent had already received an inter vivos gift, that is, a special benefit, from the decedent during the decedent's lifetime.

Because the special benefit the respondent received exceeds the statutory share, the respondent has no further share of the inheritance.

Accordingly, the decedent's inherited property should be apportioned among the remaining heirs, excluding the respondent, according to their statutory shares.

After the decedent's death, the respondent stated that, apart from the gifted house, no further share of the inheritance was needed.

Later, however, the respondent reversed this position and, infringing on the claimant's right to the inheritance, demanded an additional statutory share.

A contributory portion is recognized where the respondent contributed to maintaining or increasing the decedent's property or supported the decedent, but the respondent does not fall within this category and therefore has no right to a share of the inheritance.

The case above concerned a client who was able to preserve a share of the inheritance by prevailing in a lawsuit for division of inherited property.

Facing the risk of losing the share of the inheritance, the client was able to conclude the lawsuit for division of inherited property with the desired outcome through the support of Daeryun Law Firm.

As this case shows, the support of an experienced attorney can be important in a lawsuit for division of inherited property.

Daeryun Law Firm assigns experienced attorneys to every case to support its clients.

If you need support with a lawsuit for division of inherited property like the case above, you are welcome to reach out to Daeryun Law Firm at any time.