Legally Reserved Portion Return Lawsuit Case | The Claim for Return of the Legally Reserved Portion Was Granted

The client, the eldest son of four siblings, devoted himself to his family and personally supported his parents for decades.

However, before her death, the mother gifted all of the land she owned to the youngest child.

As a result, the client did not inherit any property and was in a situation where his legally reserved portion had been infringed.

The client, who wished to pursue a lawsuit for the return of the legally reserved portion, came to the inheritance attorney and requested assistance.

The persons who hold a legally reserved portion are heirs who are lineal descendants, lineal ascendants, or the spouse of the decedent.

The respective ratios of the legally reserved portion for those entitled to it are as follows.

If the decedent has a spouse, that spouse holds the right to a legally reserved portion together with the first-priority lineal descendants or the second-priority lineal ascendants, and the ratio of the legally reserved portion is 1/2 of the statutory inheritance share.

The inheritance attorney proved, through various materials such as the real estate registration certificate and financial transaction records, that the mother had gifted all of her property to the defendant during her lifetime.

Based on this, the attorney determined the property serving as the basis for calculating the legally reserved portion under Article 1113 of the Civil Act and presented in figures that the client's legally reserved portion had been infringed, leading the court to its determination.

For decades, the client had directly supported the client's mother, performing practical caregiving roles such as accompanying her to the hospital and bearing her living expenses.

To prove this, the following materials were submitted.

The inheritance attorney did not stop at merely asserting infringement of the legally reserved portion, but emphasized that the inheritance distribution was inequitable in light of the client's contribution to support and role within the family.

In the case of a claim for the return of the legally reserved portion, the process of specifically calculating and claiming the amount or proportion to be returned is important, not merely establishing the fact that the legally reserved portion was infringed.

Based on the total value of the property serving as the basis for calculating the legally reserved portion, as well as the client's statutory share of inheritance and the rate of the legally reserved portion, the inheritance attorney precisely calculated the monetary value of the shortfall in the legally reserved portion.

An infringement of the legally reserved portion can develop, beyond a mere inheritance dispute, into a sensitive conflict surrounding trust among family members and legal rights.

At Law Firm Daeryun, we accurately analyze the type of inheritance, the circumstances of the gift, the family relationships, and other matters, and present a direction for resolution from the initial consultation stage.

In addition, rather than a sole response, we proceed with focused analysis of the key issues and the establishment of a strategy through continuous case monitoring on a team basis.

Moreover, we provide comprehensive assistance even on complex issues such as real estate, family relationships, and tax matters.

If legal assistance is needed to realize your rights, please feel free to entrust your case at any time through a 🔗legal consultation reservation.