- Inheritance Litigation
- Concepts
- Contributory Portion
contributory portion can be claimed if there are heirs who specifically supported the deceased during his lifetime or who made a special contribution to the deceased's estate.
What is contributory portion Determination?
contributory portion can be claimed if there are heirs who specifically supported the deceased during his lifetime or who made a special contribution to the deceased's estate.
First, the contributory portion can be determined by agreement between the heirs, and if an agreement is not reached, the contributory portion can be recognized by requesting a trial in court. When it comes to 'special support' required for recognition of contributions, it refers to support that goes beyond the normal support obligations between relatives, and ‘Contributing to the formation and maintenance of property’ refers to the case of making a direct contribution to the formation or maintenance of property by donating property, providing labor, or lending money.
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1. Consultation between heirs
The contributor's contributory portion can be determined through agreement between co-heirs after the death of the ancestor. In other words, it is not determined through a will, etc. before the death of the deceased, but by the heirs after the death of the ancestor. Contributions recognized through consultation between heirs can be made in a free way, such as cash or real estate, and In principle, you can freely decide within the limit of inherited property other than the testamentary property to be donated by will. -
2. Court decision
If an agreement cannot be reached between the co-heirs, the heir can apply to the court for a decision on the contributory portion and have the contribution recognized through a court decision. Such a claim for contributory portion decision must be filed in parallel with a claim for a judgment on the division of inherited property.