• Inheritance Litigation
  • Concepts
  • Recovery of Inheritance
Request for the recovery of inheritance/succession

When inheritance commences, it often happens that one or more of the co-heirs overtakes other heirs to receive all of the inherited property, or that a person other than the heir inherits.

In this case, the true heir can be said to have been infringed on his/her right to inherit, and in this case, the true heir can claim the return of the inherited property against the person who infringed on his/her right to inherit. This right is called The Right To Request For Recovery Of Inheritance.
“How long do I have to file a claim for inheritance recovery?”

A claim for inheritance recovery must be filed within 3 years from the date on which one knew that one's right to inheritance was infringed,
or within 10 years from the date of the infringement on one's right to inheritance even if one did not know the fact.

Therefore, if the deceased died 30 years ago, and the heirs did not know that their inheritance rights were violated during that period,
or even if they did know, if they did not take any action, they cannot file a claim for inheritance recovery.

In fact, there are many cases in which people remain silent even if they know to some extent
that their inheritance rights have been violated due to concerns about family disputes.
Even if you decide to seek the right to inheritance 10 years after the date of the infringement,
there are often cases where you cannot find the right due to the expiration of the period.

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Typical cases in which a claim for inheritance recovery is required

  • 1. In case one or some of the co-inheritors exclude other heirs, register inheritance for all or part of the inherited property, or monopolize financial assets;
  • 2. Where a non-heir possesses all or part of the inherited property by deceiving others as if he is the true heir;
  • 3. When a person born out of wedlock of the deceased is recognized as a child through recognition, etc., and a request for return of his or her portion of inheritance is sought from another co-heir who has already inherited.
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