When You Should Get Advice
- Just before he died, my father gave the house to my youngest sibling
- There is a notarized will leaving the entire estate to the eldest son
- I wonder whether the apartment my brother received 20 years ago is counted
- My mother left a will donating all her property to a charitable organization
- My younger sibling sent me a complaint demanding a forced heirship share
- I received a house in return for caring for our parents and do not know whether I must give it back as a forced heirship share
Relevant Laws
Civil Act (민법) Article 1112 (Persons entitled and amount of the forced heirship share)
Lineal descendants and spouses receive one half of their statutory share, and lineal ascendants one third. Item 4, which set a forced heirship share for siblings, was deleted following the Constitutional Court's 2024 ruling that it was unconstitutional.
Civil Act Articles 1113 and 1114 (Calculation and gifts to be counted)
The calculation takes the property at the start of the inheritance, adds gifted property and deducts the full amount of debts. As a rule, only gifts made in the year before the inheritance began are included, but gifts made earlier are also included if both sides knew they would harm a person entitled to a forced heirship share.
Civil Act Article 1115 (Preservation of the forced heirship share)
If gifts and bequests leave a forced heirship share short, the person may claim payment of the value of that property to the extent of the shortfall, with interest added from the date of the claim. This applies to inheritances that began on or after March 17, 2026.
Civil Act Articles 1116 to 1118
Gifts are claimed only after bequests have been returned. The right to claim expires 1 year after learning of the start of the inheritance and of the gift or bequest to be returned, or 10 years after the inheritance began. The provisions on special benefits (Article 1008) and others apply to the forced heirship share.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
How the Forced Heirship Share Is Calculated
① Base estate
- Calculation
- Property at the start of the inheritance + gifts counted - all debts
- What to check
- Under case law, gifts to co-heirs are counted even if made more than 1 year earlier
② My forced heirship share
- Calculation
- Base estate × my statutory share × forced heirship ratio
- What to check
- Children and spouse one half, parents one third
③ Shortfall
- Calculation
- Forced heirship share - gifts and bequests I received - my net share of the inheritance
- What to check
- If much of the estate remains, there may be no shortfall
④ Who must return it
- Calculation
- Recipients of bequests first, then recipients of gifts
- What to check
- If there are several, divided in proportion to the value each received
| Step | Calculation | What to check |
|---|---|---|
| ① Base estate | Property at the start of the inheritance + gifts counted - all debts | Under case law, gifts to co-heirs are counted even if made more than 1 year earlier |
| ② My forced heirship share | Base estate × my statutory share × forced heirship ratio | Children and spouse one half, parents one third |
| ③ Shortfall | Forced heirship share - gifts and bequests I received - my net share of the inheritance | If much of the estate remains, there may be no shortfall |
| ④ Who must return it | Recipients of bequests first, then recipients of gifts | If there are several, divided in proportion to the value each received |
Based on Civil Act Articles 1113 to 1118 and case law. As a rule, gifted property is converted to its value at the start of the inheritance.
Who Can Claim, and How Much
Only people who would be heirs have a forced heirship share (유류분). If there are children, the children and spouse are entitled; if there are no children, the parents and spouse are. The forced heirship share of siblings lost its effect after the Constitutional Court ruled it unconstitutional on April 25, 2024, and the provision has been deleted, so the deceased's siblings cannot make a claim on this ground.
The ratio is one half of the statutory share for children and spouses, and one third for parents. For example, if three children are the heirs and there is no spouse, each statutory share is one third, and the forced heirship share is half of that, one sixth. Multiply this by the base estate and subtract what you have already received to get the amount you can actually claim.
Which Gifts Are Counted
The Civil Act counts gifts made within 1 year before the inheritance began, but under case law, gifts received by co-heirs are treated as special benefits (특별수익) and counted regardless of when they were made. So an apartment your brother received 20 years ago can be included. Gifts to people who are not heirs are counted only if made within that year, or if both sides knew the gift would harm the forced heirship share.
As a rule, gifted property is valued as of the start of the inheritance. Real estate is valued by appraisal at market prices around the time of death, and cash given long ago is converted to reflect changes in prices. Even if the recipient has already sold the property, it is still included in the calculation.
What Changed in March 2026
The Civil Act amended on March 17, 2026 provides that a forced heirship shortfall is returned as value, that is, in money, with interest added from the date of the claim. This applies to inheritances that began after the amendment took effect, so if the person died before then, the rule under earlier case law is return of the property itself. Even under that rule, if the recipient has already sold the property, you claim return of its value.
In addition, gifts or bequests received as compensation for specially supporting the deceased, such as living with and caring for them for a considerable period, or for specially contributing to maintaining or increasing their property, are no longer treated as special benefits to the extent that matches the contribution (Civil Act Article 1008, proviso). This also applies to the forced heirship share and to inheritances that began on or after April 25, 2024. If you received property in return for caring for a parent, you should actively raise this point when a claim is made against you.
An heir who seriously failed in their duty of support loses their forced heirship share as well if a court declares that they have lost their inheritance rights. Since the 2026 amendment, this can also apply to children and spouses.
One Year Is Shorter Than You Think
The right to claim a forced heirship share expires 1 year after you learned that the inheritance began and that there was a gift or bequest to be returned, or 10 years after the inheritance began. Under case law, 'learned' means knowing not merely that a gift was made but also that it could be subject to return, yet disputes often turn on the day you obtained the registry record or saw the will.
If preparing a lawsuit is taking time, one option is to first state clearly that you are claiming return by certified mail with proof of contents (내용증명). You still have to file the lawsuit on time afterwards, so it is safest to keep a record of the dates and start preparing immediately.
What the Person Facing a Claim Can Dispute
Receiving a forced heirship share complaint does not mean you must pay the amount stated. We examine, point by point, whether the time limit has passed, whether the plaintiff also received something during the deceased's lifetime, whether the plaintiff still has a share to inherit, whether the value of gifted property has been inflated, and whether the estate's debts were left out. The fact that a gift was received in return for supporting a parent can now also be reflected in the calculation.
A forced heirship share lawsuit is a civil lawsuit, so you must file an answer within 30 days from the day you received the copy of the complaint. If you do not, judgment may be entered as the plaintiff claims, without a hearing.
How Our Family Law Center Handles Your Case
- 1
Checking the time limit
We use documents to confirm the date the inheritance began and the day you learned of the gift or bequest, and calculate the period in which you can claim.
- 2
Gathering gift records
We collect registry records, financial transaction records and notarized wills, and during the lawsuit we look for missing gifts through orders to submit financial transaction information and fact-finding inquiries.
- 3
Calculating the forced heirship share
We calculate the base estate and the shortfall to set the amount of the claim, and determine whether return is in money or in kind depending on whether the amended law applies.
- 4
Negotiation or filing suit
If the other side may be willing to talk, we send the basis of our calculation and negotiate; if not, we file suit and dispute the amount through appraisals and inquiries.
- 5
Defending against a claim
We write the answer and briefs based on the time limit, the plaintiff's special benefits, gifts in return for contribution and the valuation standards.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
View profile →
Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
View profile →
Frequently asked questions
I heard the deadline for a forced heirship share claim is 2 years. Is that right?
No. It is 1 year from the day you learned of the start of the inheritance and of the gift or bequest to be returned, and 10 years from the start of the inheritance (Civil Act Article 1117). If either period passes, you can no longer claim, so if more than a year has passed since the death, start by checking when you learned of the gift.
I also received tuition and wedding money while my father was alive. Can I still claim a forced heirship share?
You can, but the gifts you received are also counted as special benefits, which reduces your shortfall. Ordinary support for tuition or living costs is often excluded from special benefits, while wedding money or housing funds are often included, so the amounts and timing need to be examined.
My brother who received the house has already sold it. Can I not get anything back?
You can. If the inheritance began on or after March 17, 2026, you claim payment of value from the start, and even for an earlier inheritance, if return of the property itself is impossible, you claim its value. If the buyer knew the purchase would harm the person entitled to the forced heirship share, you may in some cases be able to claim against the buyer.
Is property transferred through a will substitute trust also subject to the forced heirship share?
Whether property transferred through a will substitute trust is counted in the forced heirship share calculation can depend on when the trust was set up and whether the beneficiary is a co-heir or a third party, so it must be examined case by case. First secure the trust agreement, the beneficiary designation and the date the trust was created.