Claim for the recovery of inheritance
Concept of the claim for the recovery of inheritance
- The claim for the recovery of inheritance refers to a claim held by the person who has the right of inheritance or his/her legal representative for the recovery from a violation if the right of inheritance is violated by a person who pretends to have the right of inheritance (Article 999 (1) of the “Civil Act”).
※ Pretending to have the right of inheritance refers to arrogation to an unjustified title, and a person who pretends to have the right of inheritance refers to a person who occupies all of part of the inherited property by pretending to be an inheritor.Therefore, it refers to a person who holds the position as a de facto inheritor despite the fact that he/she does not hold any right of inheritance, and its category includes cases in which those who are not inheritors occupy inherited property on purpose or disqualified persons for succession become inheritors (source:
Glossary of Legal Terms, Korea Legislation Research Institute).
How to exercise the claim for the recovery of inheritance
Nature of the period to exercise the claim for the recovery of inheritance
- The claim for the recovery of inheritance must be filed within three years from the date on which the party becomes aware of the violation of his/her inheritance right and the period of exclusion is set as ten years from the date on which the violation of the inheritance right took place, which is considered as the filing period.Therefore, in order to avoid the disadvantage arising from the period of exclusion, you must file a claim for recovery of inheritance.
※ The period of exclusion refers to the period of existence prescribed by law for certain kinds of rights in order to rapidly establish the relationship of legal rights and duties.After this period, the rights will expire (source: Standard Korean Language Dictionary, National Institute of Korean Language).
Exercise at court
- Claims at court for the recovery of inheritance are subject to the civil procedure.
· In the event of a claim at court, the jurisdiction of the lawsuit belongs to the court of the inheritee's place of domicile (Article 22 of the "Civil Procedure Act").
Claimant and counterpart of the recovery of inheritance
Claimant of the recovery of inheritance
- Inheritors and their legal representatives are entitled to claim the recovery of inheritance.
- A testamentary donee by a universal title is also entitled to claim the recovery of inheritance.
Counterpart
- The counterpart to the claim for the recovery of inheritance is the true inheritor.
Period of exercise of the claim for the recovery of inheritance
Period of exercise of the claim for the recovery of inheritance
- The claim for the recovery of inheritance will lapse at the expiration of three years from the date he/she becomes aware of the violation, or ten years from the date the right of inheritance is violated (Article 999 (2) of the “Civil Act”).
· Three years from the date on which he/she becomes aware of the violation computes the period during which he/she becomes aware of the fact he/she is a true inheritor and that he/she has been excluded from inheritance as well as the fact that he/she becomes aware of the commencement of inheritance (
Supreme Court Decision 79Da2052 Decided February 10, 1981).
Effects of the claim for the recovery of inheritance
Effects of the claim for the recovery of inheritance
- If the judgment in favor of the plaintiff becomes final, the defendant (true inheritor) must return the inherited property to the inheritor according to the judgment.