A forced heirship share is a minimum portion that cannot be taken away even by will or gift

Forced Heirship Claims Matters We Handle

1. Assessing Whether Your Share Was Infringed — We first calculate whether you are entitled and how much is missingThe forced heirship amount is found by taking the basic estate (the property at the opening of inheritance, plus gifts to be included, minus debts) and multiplying it by the forced heirship ratio. Subtracting the special benefits you received and your net inheritance gives the amount infringed.Whether you are entitled to a forced heirship share (siblings excluded) · Investigating lifetime gifts and testamentary gifts · Valuing real estate and other assets at market price at the opening of inheritance · Calculating the infringed amount and identifying who to claim against
2. Forced Heirship Lawsuits — Claims are brought against those who received gifts or testamentary giftsUnlike division of an estate, a claim for return of a forced heirship share proceeds as a civil lawsuit. If several people received gifts or testamentary gifts, the obligation to return is divided in proportion to the value each received, and return is taken first from testamentary gifts and then from lifetime gifts (Articles 1115(2) and 1116 of the Civil Act).Declaring the claim within the limitation period, e.g., by content-certified letter · Orders to produce financial transaction information and fact inquiries · Requesting a market-value appraisal · Preservation measures such as injunctions prohibiting disposal
3. If a Claim Is Brought Against You — We contest compensation for contributions and calculation errorsUnder the amendment of March 17, 2026, gifts and testamentary gifts received as compensation for special support or contributions to the deceased's property are excluded from special benefits and from the basic estate for forced heirship purposes, to the extent corresponding to the contribution. This applies to inheritances opening on or after April 25, 2024.Arguing a compensatory gift (proviso to Article 1008) · Raising the defense that the limitation period has expired · Contesting the 1-year rule for gifts to third parties and whether there was intent to harm · Considering a petition for a declaration of loss of inheritance rights
4. Resolving It Together with Estate Division — We plan the family court case and the civil case togetherForced heirship claims are civil cases in the district court, while estate division and contributory portions are family non-contentious cases in the family court, so the courts and procedures differ. Both cases must be prepared together so that the arguments and calculations do not contradict each other.Strategy for running the division proceeding and forced heirship lawsuit in parallel · Keeping arguments about special benefits consistent · Global settlement through mediation or settlement · Sorting out registration and taxes

1. Who Is Entitled and the Share Ratios

A forced heirship share is recognized only for heirs, so a person who does not become an heir because there is an heir of higher priority, or who has renounced the inheritance, has no forced heirship share. Persons disqualified from inheritance, and persons subject to a declaration of loss of inheritance rights under the system in effect since January 1, 2026, are also not heirs and cannot claim a forced heirship share. An heir by representation takes over the forced heirship share of the person they represent (Articles 1118, 1001, and 1010).

2. The Constitutional Court Decision and the 2024 and 2026 Amendments

In its decision of April 25, 2024 in 2020Hun-Ga4 and other consolidated cases, the Constitutional Court upheld the forced heirship system itself, but ruled as follows.

• Siblings' forced heirship share (Article 1112(iv)): simply unconstitutional
• Article 1112(i) to (iii), which provided no ground for heirs who committed grave moral wrongs to lose their forced heirship share: nonconformity with the Constitution (applied until December 31, 2025)
• Article 1118, which did not apply the contributory portion provision to forced heirship: nonconformity with the Constitution (applied until December 31, 2025)
• Articles 1113, 1114, 1115, and 1116: constitutional

In response, on September 20, 2024 the National Assembly deleted Article 1112(iv) and introduced a system for declaring loss of inheritance rights (Article 1004-2, effective January 1, 2026). Then, by the amendment of March 17, 2026 (effective on promulgation), (1) a proviso was added to Article 1008 excluding compensatory gifts and testamentary gifts from special benefits, and this is also reflected in the forced heirship calculation through Article 1118, which applies it mutatis mutandis; and (2) Article 1115(1) was amended to make a claim for payment of value, rather than return of the property itself, the rule, with interest added from the date of the claim.

3. Calculating the Share and How It Is Returned

1. Basic estate: positive property at the opening of inheritance + gifts to be included − all inheritance debts. Gifted property is valued at market price at the opening of inheritance.
2. Forced heirship amount: basic estate × statutory inheritance share × forced heirship ratio
3. Infringed amount: forced heirship amount − (your special benefits + your net inherited amount)

If several persons are obliged to return, each returns in proportion to the value obtained (Article 1115(2)), and a co-heir bears the obligation only with respect to the portion exceeding their own forced heirship share. Return of lifetime gifts can be claimed only after return has first been obtained from testamentary gifts (Article 1116).

4. Limitation Period and Litigation Procedure

The right to claim return expires at whichever comes first: (1) 1 year from learning of the opening of inheritance and of the gift or testamentary gift to be returned, or (2) 10 years from the opening of inheritance (Article 1117). The 1-year period runs from when the claimant learned not only of the death but also of the gift or testamentary gift to be returned. However, there is case law holding that where the claimant knew of the will and merely asserted, without basis, that it was void, the period runs from the day after the death, so you should state your intention to claim as soon as possible, for example by content-certified letter.

The lawsuit is filed as a civil case with the district court with jurisdiction, such as the court for the address of the person obliged to return. If disposal of the gifted property is a concern, consider an injunction or provisional attachment before filing. This is a procedure separate from estate division and contributory portion proceedings (in the family court), so a contributory portion argument alone cannot block a forced heirship claim; the requirements of a compensatory gift under the amended proviso to Article 1008 must be separately argued and proved.

Key Court Decisions

Supreme Court Decision 2024Da208261, decided May 29, 2026

The Constitutional Court's order to continue applying former Article 1118 of the Civil Act when declaring it nonconforming does not extend to the part that failed to apply the contributory portion provision, so for cases pending in court at the time of the decision, the amended proviso to Article 1008 (excluding compensatory gifts), which removed the unconstitutionality, applies.

Supreme Court Decision 95Da17885, decided February 9, 1996

Lifetime gifts (special benefits) received by a co-heir are included in the basic estate for calculating forced heirship shares regardless of whether they were made within 1 year before the opening of inheritance or with knowledge that they would cause harm, and gifted property is valued at its price at the opening of inheritance.

Supreme Court Decision 97Da38510, decided June 12, 1998

Where a person entitled to a forced heirship share knew of the will during the deceased's lifetime and merely asserted without basis that it was void, absent special circumstances showing that they were convinced it was void, the 1-year limitation period for the forced heirship claim runs from the day after the deceased's death.

Frequently Asked Questions

Inheritance Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026