Even if one monopolizes assets through a will, a minimum share can be secured through a forced heirship return lawsuit

Even if a parent leaves a will stating they will leave assets only to a specific child, other heirs can claim their forced heirship, which is the minimum inheritance share guaranteed by law. Under the Civil Act, a spouse and children are recognized for one-half of their statutory inheritance share as forced heirship, while lineal ascendants are recognized for one-third. In cases where testamentary gifts according to a will and lifetime gifts exist simultaneously, the legal procedure is to first receive the return of the testamentary gift and then claim the insufficient portion from the recipient of the lifetime gift.

Lawyer Eom Jeong-suk of Beopdo Comprehensive Law Office explained, "A waiver of forced heirship written before the commencement of inheritance has no effect, so even if a document was written during one's lifetime stating an intention to waive inheritance, a claim for forced heirship is possible after death." However, special attention is required for managing the statute of limitations, as the right to claim the return of forced heirship expires one year from the date the commencement of inheritance and the facts of the testamentary gift or lifetime gift are known, and ten years from the date of the commencement of inheritance.

As disputes surrounding the validity of wills have been increasing recently, a process of closely reviewing the formal requirements of the will and the will execution procedures must precede a lawsuit. In particular, since it has become the principle to return the insufficient amount in cash for inheritances commencing after March 17 of this year, legal battles surrounding the calculation of value are expected to become more intense rather than disputes over real estate shares.