Claim for Recovery of Inheritance

An apparent heir is a person who, despite having no inheritance rights in law, holds themselves out as an heir and possesses the inherited property; the term refers to such a person.

This is a person who, despite having no inheritance rights in law, in fact holds the position of an heir; where a person who is not an heir intentionally possesses the inherited property, a claim for recovery of inheritance may be pursued.

In this regard, a disqualified heir, a spouse of a void marriage, a falsely registered child, and others may also qualify as apparent heirs.

Also included is the case in which a co-heir or a lower-ranking heir possesses the property solely despite having no inheritance rights of their own.

Statutory Order of Inheritance

※ In this regard, where there is an heir who is a lineal descendant or a lineal ascendant of the decedent, the legal spouse of the decedent becomes a co-heir together with them; where there is no heir who is a lineal descendant or a lineal ascendant of the decedent, the spouse becomes the sole heir.

A disqualified heir is a person who falls within the order of inheritance prescribed by law but is unable to inherit for certain reasons.

The persons who are unable to inherit are as follows (Civil Act, Article 1004).

A claim for recovery of inheritance may be brought by the following persons.

In a claim for recovery of inheritance, the opposing party is the apparent heir or a third party who acquired the inherited property from the apparent heir.

The persons who may be an apparent heir are as follows.

By contrast, a claim for recovery of inheritance cannot be brought against a person who merely asserts that they are an heir but does not otherwise commit any act of infringing the inheritance, such as possessing the property.

A claim for recovery of inheritance must be brought as a civil action, and the recovery must be claimed in the form of a lawsuit.

In this regard, the court having jurisdiction over the decedent's address is the competent court (Civil Procedure Act, Article 22).

A right to claim recovery of inheritance is extinguished if it is not exercised within the following exclusion periods.

In this regard, the 'date of becoming aware of the infringement' refers not simply to the point at which one became aware that the inheritance had commenced, but to the point at which one becomes aware that one is an heir and recognizes the fact of having been excluded from the inheritance (Supreme Court, 79Da2052).

In this regard, where the facts are complex or where the inherited property has passed to a third party, a litigation strategy can be established.

A judicial claim for recovery of inheritance follows the procedure of a civil action.

If the plaintiff (the true heir) prevails through a claim for recovery of inheritance, the defendant (the apparent heir) must return the inherited property in their possession.

This is not a mere return of objects; it has the comprehensive effect of having the true heir's status recognized and recovering the inheritance as a whole.

This law firm includes numerous attorneys with an average of more than 10 years of experience, as well as several inheritance-specialist attorneys registered with the Korean Bar Association.

Depending on the scale and difficulty of the case, the firm forms a task force of 1 to 20 members and provides assistance through every stage of the case, from confirming the status of the heir to determining whether an apparent heir is involved, gathering evidence, and representing the client in a claim for recovery of inheritance.

If you need assistance with an inheritance matter, 🔗Inheritance Attorney Legal Consultation Reservation may be used to request assistance.

Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), helps resolve cases through the systematic strategies of legal experts across multiple fields.