Anyang Dedicated Inheritance Attorney Case | A Dedicated Reserved Portion Attorney Who Obtained the Reserved Portion of Real Estate

The client who came to the Anyang branch office was in a situation in which she had been unjustly excluded from receiving an inheritance.

One month after the client's mother passed away, the client conducted a property search and learned that her older sister had inherited all of the mother's property.

Upon looking into how this had happened, she found that a notarized will the mother had prepared before her death stated that the entire estate was bequeathed to the older sister.

At the time the notarized will was prepared, however, the mother was suffering from dementia and was unable to make sound judgments.

In this situation, the older sister had visited a notary office without the client's knowledge and prepared the notarized will with the mother.

The older sister's conduct was intended to deliberately exclude the client from the inheritance, and after belatedly learning of this, the client resolved to proceed with a claim for the reserved portion in order to receive an inheritance, even if late.

To this end, the client sought assistance from the reserved portion attorney in the Anyang area at Daeryun Law Firm.

What is the reserved portion?

The reserved portion (legally reserved portion) refers to a legal right that may be recognized when an heir is at a disadvantage in the inheritance process.

The legal order of inheritance is determined under the Civil Act.

Under the law, those who may bring a claim for return of the reserved portion are limited to heirs in the higher priority.

The order of inheritance consists of, first, lineal descendants; second, lineal ascendants; third, siblings; and fourth, collateral relatives within the fourth degree.

Accordingly, if there is a higher-priority claimant, those in a lower priority do not have standing.

What amount may be claimed as a reserved portion?

There are limits on the amount that may be claimed depending on the relationship defined by law.

For a spouse or a lineal descendant, up to one half of the actual value is recognized, while for a lineal ascendant or a sibling, only up to one third may be claimed.

The Right to Claim Return of the Reserved Portion

When a person entitled to a reserved portion has a shortfall in that reserved portion due to a gift or bequest by the decedent, that person may claim return of the property to the extent of the shortfall.

As a rule, a gift made by the decedent must have been made within one year before the commencement of the inheritance, but a gift to an heir or a gift made with knowledge that it would infringe upon the reserved portion is covered without any time limit.

Extinctive Prescription of the Right to Claim Return

The right to claim return is extinguished by prescription if it is not exercised within one year from the time the person entitled to the reserved portion became aware of the commencement of the inheritance and of the gift or bequest that should be returned.

It is also extinguished by prescription when ten years have passed from the time the inheritance commenced.

A reserved portion attorney outlines the situations in which a claim for return of the reserved portion may be needed.

In the following situations, you may proceed with a claim for return of the reserved portion.

• The deceased remarried and gave substantial property only to a stepmother, half-siblings, or the like
• The deceased gave substantial property to only one specific child
• After the death, you confirmed a will leaving property to only one specific heir
• The entire estate was donated to a specific person or organization regardless of the wishes of the surviving family
• It is doubtful whether the deceased's gift truly reflected the deceased's intent
• A half-sibling did not share any property with you

The reserved portion attorney pointed out that the defendant had induced the mother to prepare a notarized will with content favorable to the defendant.

At the time the notarized will was prepared, the mother was taking dementia medication, and so the attorney argued that she was in a state in which she could not make sound judgments.

According to the consultation with the reserved portion attorney, the attorney argued that the client had been entirely unaware of these inheritance facts and learned of them only by chance while conducting a property search.

For the claim for return of the reserved portion, the reserved portion attorney therefore gathered objective evidence, including the deceased's basic certificate, family relationship certificate, and fund transfer records, and filed the claim for return.

The Civil Act of the Republic of Korea provides for the reserved portion system in order to protect, at a minimum level, the reserved portion rights of heirs who have not received any particular inheritance.

Accordingly, as a co-heir, the client has the right to inherit her statutory share.

The reserved portion attorney argued that the client's filing of the claim for return of the reserved portion was justified, and asked the court to grant the claim.

The case above involved a client who, after having her inheritance rights infringed, requested a consultation with the inheritance and reserved portion attorney at the Anyang branch office in order to claim return of the reserved portion.

Even when a person has been unjustly deprived of an inheritance, our law helps resolve the matter through the reserved portion system.

If you are facing difficulties with an inheritance matter such as the one above, you may seek assistance from a reserved portion attorney at any time.