What is statutory inheritance share and how can I claim it?

Statutory inheritance share is a system established to allow specific heirs who have received almost no property due to the deceased's will or lifetime gifts to receive back the minimum share of inheritance guaranteed by law.

In other words, statutory share refers to the minimum guaranteed inheritance share for legal heirs, and when this is infringed, rights can be asserted through a method called statutory share return claim.

The persons who have statutory share rights are as follows.

▶ Lineal descendants (children, grandchildren, etc.)
▶ Spouse
▶ Lineal ascendants (parents, etc.)

The statutory share ratio is set at 1/2 of the legal inheritance share for lineal descendants and 1/3 of the legal inheritance share for lineal ascendants.

At this time, if 1 year has passed from the date you became aware that your statutory share was infringed, or 10 years from the commencement of inheritance, you cannot claim return.

That is, if you do not file within the statute of limitations, the right is extinguished, so you must prepare a statutory share return claim lawsuit through prompt preparation.

Statutory share infringement is also an emotionally sensitive issue, so we recommend receiving the assistance of a legal expert to help with objective judgment and prevent procedural mistakes.