When a Sibling Claims a Contribution Share for Caring for Your Parents

Just because a contribution share has been raised does not mean you must start negotiating percentages. First get in writing what the other side is basing the claim on and how much they are asking for, then match the supporting materials and the opposing circumstances point by point.

If an adjudication on division of the estate is already under way, the court may set a period for contribution share claims, and you must submit your opposing materials within it. If you have received a petition or a certified letter, first check the claims and deadlines stated in it.

• Get the support period and method the other side describes, and the share they are asking for, in a text or in writing
• List the money that went from your parents' account to that sibling and the period they lived rent-free in your parents' home
• Check receipts and transfer records to see who actually paid hospital and care costs
• Gather records of living costs paid and hospital visits made by the other siblings

A contribution share (기여분) is recognized where a person specially supported the parent, for example by living with or nursing them for a considerable period, or specially contributed to maintaining or increasing their property (Civil Act (민법) Article 1008-2). Support at the level normally expected of a child does not count.

If the sibling saved on housing by living in the parents' home, or covered living costs from the parents' pension and savings, the weight of their support is reduced accordingly. Whether care was provided through long-term care insurance or a paid caregiver is also considered.

Conversely, if the other side cared for the parent alone for a long time and paid hospital bills with their own money, you also need to assess realistically that the claim may be recognized. In such cases, rather than disputing everything, it is often more realistic to agree on terms that partly accept the contribution share while counting the lifetime gifts the other side received as special benefits (특별수익), so that the overall shares balance out.

A contribution share is set by agreement among the heirs, or by the family court if they cannot agree. To claim a contribution share from the family court, there must be a request for division of the estate (paragraph 4 of the same Article), and a contribution share claim filed after the period set by the court may be dismissed (Family Litigation Rules (가사소송규칙) Article 113).

The situation is different in a forced heirship share lawsuit. The Supreme Court has held that a contribution share not set by agreement or adjudication cannot be raised in a lawsuit to recover a forced heirship share (Supreme Court Decision 2013다60753 of October 29, 2015). However, under the amendment of March 17, 2026, gifts received as compensation for special support or contribution are not treated as special benefits to that extent, and this rule also applies to the forced heirship share (유류분), so the other side may argue that the gifts they received were compensation.

Even if you accept a contribution share to some degree, settle the basis before the amount, so you do not have to fight again if other assets turn up later. State clearly in the agreement that the contribution share has been reflected and which assets it covers.

This is an issue where remarks like 'so the one who cared for them loses out?' come up easily. Separating acknowledgment of the other side's efforts from legally increasing their share makes it much easier to keep the negotiation going.

Jisan Law checks the support period and costs the other side relies on against bank records and medical and care records, and examines whether they amount to special support. If agreement is difficult, we prepare a rebuttal to the contribution share claim together with special benefit arguments in the adjudication on division of the estate. Consultations are conducted by our managing partner personally, and if you face an urgent deadline, let us know first through the chat on this page.