- Inheritance Property Division Litigation
Inheritance property division by adjudication refers to the method of division filed in the family court when no agreement on the division can be reached among the co-heirs. The petition for the division of inheritance property must be filed by one or more of the heirs against all other heirs.
- Inheritance Recovery Litigation
This type of lawsuit is pursued by a person who is not an heir but who occupies inheritance property intentionally, or when a disqualified person becomes an heir. It is filed by the infringed heir or their legal representative to recover from such infringements. The lawsuit must be filed within three years from the day the infringement was recognized, and within ten years from the day the act infringing the inheritance right occurred.
- Legal Reserve Claim Litigation
A “legal reserve” refers to a certain portion of the inheritance that cannot be freely disposed of by the heir and must legally be left for certain heirs. While the Civil Act of Korea recognizes the freedom to dispose of property through a will, if a deceased person bequeaths assets to someone other than the heirs or only to some of the heirs through a will, the inheritance may not be transferred to the heirs. However, if the freedom to dispose of inheritance property is unlimited, it could undermine family stability and the welfare of the heirs after the death of the decedent. To prevent such inequities and ensure the welfare of the heirs, our Civil Code recognizes the system of legal reserves.
Order of Legal Reserve Claimants and Their Respective Portions
| Order | Statutory reserve claimant. | Legal Reserve Portion |
| 1 | Decedent’s Direct Descendants | 1/2 of the statutory inheritance share |
| 2 | Decedent’s Direct Ascendants | 1/3 of the statutory inheritance share |
| 3 | Decedent’s Siblings | 1/3 of the statutory inheritance share |