• Inheritance Litigation
  • Concepts
  • Other Inheritance Litigation
Other Inheritance Litigation
1. Appointment of an absentee property manager
  • If the heir has been out of contact for a long time or has immigrated abroad a long time ago and is unlikely to return to Korea, appointing an absentee property manager can proceed with inheritance procedures such as division of inherited property on behalf of the heir.
  • After the death of the deceased, in order for co-heirs to discuss the division of inherited property, all heirs must attend and agree to the agreement. If there is an “absentee” who has been out of contact for a long time among the heirs, it will be impossible to continue to complete the inheritance division agreement, resulting in enormous damage in terms of time and money.
  • At this time, if you apply to the family court to appoint an absentee property manager, the appointed absentee property manager can participate in the inheritance division negotiations on behalf of the absentee heir with permission from the court.
2. Inherited property manager
  • If an heir does not appear despite the commencement of inheritance due to the death of the deceased, an inherited property manager appointed by the family court may prepare an inventory of the inherited property and proceed with management and liquidation of the inherited property with the permission of the court.
  • In other words, a person who has a legal interest in the inherited property, such as a relative of the deceased, an inherited creditor, or a person who received legacy, can request the family court to appoint an inherited property manager, and through this, proceed with the liquidation of the inherited property. is.
3. Declaration of missing persons
  • If there is an heir whose whereabouts are unknown after the death of the deceased, the inheritance process can be carried out by appointing an absentee property manager or requesting a declaration of disappearance.Ordinarily, if someone is presumed dead after decades of being missing, you're going to file a missing person complaint with the family court.
  • A missing person is considered dead when 5 years have elapsed from the time the missing person was reported, and the disappearance period has expired. Therefore, co-heirs are excluded from the status of heirs based on the expiration date of missing, and co-heirs can proceed with the inheritance process as it is.
4. lawsuit for confirmation of existence of biological parental relation
  • If there is a discrepancy between the actual blood relationship between the parent and the child and the entry in the family relation register, it can be corrected through a lawsuit for confirmation of existence of biological parental relation.
  • In relation to inheritance issues, the following cases require a lawsuit for confirmation of existence of biological parental relation
    • 1) In the event that an out-of-wedlock child is registered as a child of main husband or main wife, and a dispute over inheritance occurs between the children
    • 2) In the case of failure to receive inherited property due to non-registration of paternity due to failure to report birth clearly
    • 3) If there is a clear reason why it is not possible to presume a biological child, and there is a need to exclude from inheritance
    • 4) To verify the validity of the recognition and to prove that he or she is a legitimate heir
5. Request for distribution to special relative
  • If inheritance has been initiated due to the death of the deceased but there is no heir, “special relative” who have a special relationship with the deceased may receive division of inherited property through a claim.
  • The requirements for becoming a special relative are as follows:
    • 1) A person who shared a living with the deceased
    • 2) A person who provides nursing care for the deceased
    • 3) Others who have a special connection with the deceased
  • If the person claiming the inheritance right does not appear within the public notice period of the heir search, the person corresponding to the special relationship may apply for the division of the inherited property to the family court, and according to the judgment of the court, all or part of the inherited property may be divided or not received.
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