Seocho inheritance lawyer: “Areas that require legal assistance, such as division of inherited property and return of retained shares.”

Recently, legal disputes related to inheritance and gifts have been increasing. According to the National Court Administration, the number of requests for division of inherited property is increasing every year, with 1,233 cases in 2016, 1,430 cases in 2017, and 1,710 cases in 2018, and the number of requests for return of retained assets also increased about 4.6 times over the past 10 years, from 295 cases in 2008 to 1,371 cases in 2018.


When a family member dies, the surviving family members become heirs who can inherit the property rights of the deceased. At this time, if there is no will of the deceased, the heirs must reach an agreement among all co-heirs to divide the inherited property through consultation to determine how the inherited property will be distributed. If there was a gift or bequest to the inherited property, the heir who did not inherit can claim his or her share of the inherited property of other heirs and secure a minimum share of the inheritance.

According to Daeryun Law Firm's Inheritance Dispute Team, there are cases where it is difficult to reach an agreement between heirs in various situations, such as when the heirs have not reached an agreement, when a specific heir claims his or her contribution and seeks to receive more property divided, or when one of the co-heirs conceals the inherited property in an unreasonable way before the start of inheritance, so legal assistance is required.

There is no statute of limitations on the division of inherited property, and the right to claim the return of the reserved portion must be claimed within 1 year from the date on which the holder of the reserved portion became aware of the commencement of inheritance and gift or commencement of inheritance and bequest, and within 10 years from the date of commencement of inheritance.

A lawyer from the Daeryun Inheritance Dispute Team at Law Firm said, “There are many disputes that arise when one of the co-heirs steals inherited property.” He also added, “When the client’s father died, the stepmother, who was a co-heir, donated the real estate before the death of the deceased and insisted on excluding it from inheritance after the ownership transfer registration was completed.” He explained, “By filing a lawsuit requesting cancellation of ownership transfer registration, a request for a preliminary disposition to prohibit real estate disposal, and a lawsuit requesting return of retained assets, we recalculated the size of the inherited property and restored the client’s inheritance share and rights.”

He continued, “In an inheritance dispute, the key is to accurately determine the size of the inherited property and calculate the degree of violation of one’s rights.”He advised, “There are limits to the ability of individuals to resolve multi-faceted reviews and analyzes such as wealth and borrowed-name assets, so legal assistance is needed.”

Daeryun Law Firm, which provided help, said it currently has offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. The inheritance dispute team explained that it provides professional legal services necessary for inherited property division adjudication, contribution share, reserve share, limited approval of inheritance, renunciation of inheritance, inheritance recovery, will, denial of paternity, inheritance lawsuit, and cancellation of ownership transfer registration.


Reporter Seunghan Lee

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