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What is the inheritance legally reserved portion, and how can I assert it?

Recently, as my father passed away, the inheritance proceeded, but it turned out that almost nothing came to me. Most of the property went to my older brothers, and my name was barely mentioned in the will. I heard that what I can assert in such a case is the inheritance legally reserved portion; what is this, and how can I assert it?

Inheritance legally reserved portion

Answer

Published: 2025-06-03

Author : Kuk Il KIM

The inheritance legally reserved portion is a system established so that, where a particular heir has received almost no property due to the deceased's will or a gift made during their lifetime, they can recover the minimum share of inheritance guaranteed by law.

That is, the legally reserved portion means the share of inheritance minimally guaranteed to a statutory heir, and when it is infringed, you can assert your right by a method called a claim for return of the reserved portion.

The persons who have a right to the legally reserved portion are as follows.

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

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

At this point, you cannot claim the return once 1 year has passed from the day you became aware that your legally reserved portion was infringed, or 10 years have passed from the date the inheritance commenced.

That is, if you do not make a claim within the prescription period, the right is extinguished, so you should prepare a lawsuit for the return of the inheritance legally reserved portion through prompt preparation.

Because an infringement of the legally reserved portion is also an emotionally sensitive issue, we recommend obtaining the assistance of a legal expert to aid objective judgment and prevent procedural mistakes.