Inheritance shares of contributors
Who is a contributor?
- A contributor refers to a person among co-inheritors who has specially supported the inheritee by sharing accommodations, providing nursing, or other means for a considerable period or has specially contributed to the maintenance or increase of the property of the inheritee (Article 1008-2 (1) of the “Civil Act”).
What is a contributory portion?
- A contributory portion refers to a system that recognizes the share of inheritance by adding the property to the extent of contribution to a party if there is a person among co-inheritors who has specially contributed to the maintenance or increase of the property of the inheritee or has specially supported the inheritee(source:
Glossary of Legal Terms, Korea Legislation Research Institute).
Determination of the contributory portion
Determination by agreement
- The contributory portion will be determined by agreement by co-inheritors in principle (Article 1008-2 (1) of the “Civil Act”).
Determination by the judgment of a family court
- If the parties fail to reach an agreement or are unable to reach an agreement on the contributory portion, the contributor is entitled to file a claim with the family court to determine the contributory portion.
- The family court will determine the contributory portion, taking into consideration the time, method and degree of the contribution, the value of the inherited property and other circumstances (Article 1008-2 (2) of the “Civil Act”).
※ The contributor is entitled to claim the contributory portion against other co-inheritors (Article 1008-2 (4) of the “Civil Act”) if (1) the inherited property is to be divided (Article 1013 (2) of the “Civil Act”) or (2) if the co-inheritors have already divided their inherited property but the party affiliated claims payment of the amount equivalent to his or her portion (Article 1014 of the “Civil Act”).
How to calculate the share of inheritance if there is a contributor
Limits on the contributory portion
- The contributory portion must not exceed the amount calculated by deducting the value of testamentary gifts from that of property of the inheritee when the inheritance is commenced (Article 1008-2 (3) of the “Civil Act”).
How to calculate the share of inheritance if there is a contributor
- If there is a contributor among co-inheritors, the contributory portion in the value of property of the inheritee determined by co-inheritors at the time of commencement of the inheritance will be deemed as the inherited property and the share of inheritance for each inheritor will be subject to the statutory share of inheritance (Articles 1009 and 1010 of the “Civil Act”).At the time, the share of inheritance for the contributor will be calculated by adding the contributory portion (Article 1008-2 (1) of the “Civil Act”).