Claim for Return of the Legally Reserved Portion (Yuryubun) Procedure

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Select your current step and the content for that step will appear below.

1. 1Confirming infringement of the legally reserved portion
2. 2Investigating gifts and bequests
3. 3Claim by certified-content mail
4. 4Filing the lawsuit
5. 5Service of complaint / answer
6. 6Hearings and evidence examination
7. 7Pronouncement of judgment
8. 8Compulsory execution

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Varies by case (longer depending on appraisal and financial inquiries)

Cost

Stamp fee (calculated according to the amount claimed), service fee, and actual costs such as real estate appraisal fees

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   The legally reserved portion is the minimum share the law guarantees to heirs, even if the deceased concentrated property on a particular person by will or lifetime gift. For a spouse and lineal descendants (children, etc.) it is 1/2 of the statutory inheritance share, and for lineal ascendants (parents, etc.) 1/3. The legally reserved portion of siblings was deleted on 2024.9.20 and is no longer recognized, so siblings cannot claim through this procedure.

   Current step
2. 2

   Investigate property the deceased gave during their lifetime or by will (bequest). For real estate, check in the register to whom it was transferred; for the flow of deposits, check through the court's order to submit financial transaction information. Gifts received by other heirs are all included regardless of timing, while gifts received by 3rd parties who are not heirs are in principle included only if made within 1 year before the commencement of inheritance (death). The amount of the claim varies greatly depending on which gifts are included.

3. 3

   Under the amended Civil Act effective 2026.3.17, the legally reserved portion is claimed as payment of value (money), not as return of the property itself. So even if the other party has already sold the property, you can claim in money. Interest also accrues from the date of the claim.

4. 4

   Be careful because the claim deadline is short. You can no longer claim once 1 year has passed from the day you learned of the commencement of inheritance and of the gift or bequest to be returned. Even if you did not know, you also cannot claim once 10 years have passed from the date of commencement of inheritance (Civil Act §1117). If you first state your intention to claim by certified-content mail, you are treated as having met the 1-year deadline.

5. 5

   If the other party does not respond, file a civil lawsuit. At trial, the value of the gifted or bequeathed property is appraised, and the amount each heir received is calculated to decide the amount the other party must pay. Because appraisals and financial inquiries are involved, it takes quite some time, and the length varies by case.

6. 6

   Once the judgment is final, you can carry out compulsory execution against the other party's assets. If there is a risk that the other party will dispose of assets during the trial, first apply for provisional attachment to freeze the assets in advance. If the assets disappear, it becomes hard to actually get paid even with a judgment.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do I file with? Is it the family court?

Not the family court. It is a civil lawsuit filed with the district court (or branch court) for the place where the other party (the person who received the gift or bequest) lives.You can also file with the court for the place where the deceased lived at the time of death. You can file through the Supreme Court's e-litigation system, where you can also find complaint forms.

QHow much does it cost?

A stamp fee proportional to the amount claimed and a service fee are required. For example, if you claim KRW 100 million, the stamp fee is KRW 455,000. The service fee is the amount set by the court according to the number of parties.If the value of real estate is disputed, appraisal fees are charged separately. If you win, you can claim litigation costs from the other party.

QDo I have to send certified-content mail? How do I write it?

It is not mandatory, but it serves as evidence that you met the 1-year deadline, so it is good to send it before the lawsuit. State the date of the deceased's death, the details of the gifts or bequests (things given by will) the other party received, and that you claim payment of the shortfall in your legally reserved portion.At the post office, make 3 copies with the same content and send it, and keep 1 copy and the proof of delivery. You need the proof of delivery to prove when the other party received it.

QWhat if the other party has already sold the property they received?

You can claim even if they sold it. If the property itself cannot be returned, you get its value back. According to Supreme Court precedent, when calculating the legally reserved portion, gifted property is valued at its value at the commencement of inheritance (death).The price at which the other party sold it is not the standard. This value is confirmed through the register and appraisal.

QHow do I calculate my legally reserved portion?

First, add lifetime gifts to the property the deceased left, and subtract debts. Multiply that amount by the statutory inheritance share.1/2 (spouse, children) or 1/3 (parents) of that amount is the legally reserved portion. For example, suppose one of two children received the entire estate of KRW 400 million.The other child can claim 1/2 of their 1/2 statutory share of KRW 400 million, that is, KRW 100 million. If they have already received something, that amount is deducted.

QIf there are several heirs, do we claim together?

The legally reserved portion is each person's own right. So even if one person claims, they cannot receive other heirs' shares.If you are claiming against the same party, filing together in one complaint saves cost and time. However, the 1-year deadline is calculated separately for each person, so do not miss it while waiting for others to join.