Inheritance is not simply a matter of dividing assets. It involves deeply personal family dynamics alongside complex legal relationships, and is difficult to resolve without specialist guidance. Atlas Legal has handled inheritance law matters — forced heirship claims, estate division, contribution share disputes, and more — primarily before the Incheon Family Court and Incheon District Court.
Forced heirship claims must be brought within one year of learning of the infringement, and within ten years of the commencement of the inheritance (Civil Act Article 1117). Disclaimer of inheritance and limited acceptance must be filed with the family court within three months of learning that the inheritance has commenced (Civil Act Article 1019). Missing these deadlines extinguishes the right — early legal consultation is essential.
In estate investigation, we query financial transaction records, real estate registries, vehicle registrations, and National Pension records to determine the scope of assets subject to division, and identify inter vivos gifts by the deceased for inclusion in special benefit and forced heirship calculations. Our approach prioritizes pre-litigation mediation and negotiation to preserve family relationships while achieving the best possible outcome.
Claims for return of forced share (légitime) infringed by inter vivos gifts or legacies, under Civil Act Articles 1112–1118. Lineal descendants and spouses are entitled to 1/2 of their statutory share; lineal ascendants and siblings to 1/3. Must be exercised within one year of learning of infringement, ten years of estate commencement
Family court petition for estate division under Civil Act Article 1013 where co-heirs cannot reach agreement. Calculation of concrete inheritance shares reflecting special benefits and contribution shares, and selection of in-kind, substitution, or monetary division
Recognition of contribution shares for heirs who made special contributions to the maintenance or increase of the estate (Civil Act Article 1008-2). Inclusion of special benefits received by heirs through inter vivos gifts or legacies (Civil Act Article 1008). Evidence collection and case law analysis
Where the deceased’s debts exceed assets, filing a disclaimer of inheritance or limited acceptance with the family court within three months of learning of the commencement (Civil Act Article 1019). Advisory on debt protection and selection of the optimal approach
Will nullification for formal defects or lack of capacity, will interpretation disputes, and supervision of executor duties. Civil Act Articles 1060–1111
Determination of estate scope through financial transaction record queries, real estate registry, and vehicle registration searches. Identification of inter vivos gifts by the deceased, fraudulent conveyance cancellation. Injunctions and provisional attachments to prevent concealment or disposal of assets
Forced heirship claim — represented an heir whose forced share was infringed by inter vivos gifts made by the deceased, calculated the value of the gifted assets, and prevailed in the forced heirship return lawsuit
Estate division proceedings — filed a family court petition after co-heirs failed to reach agreement, calculated concrete inheritance shares reflecting special benefits and contribution shares, and obtained a division determination favorable to the client
Contribution share recognition — proved the contribution share of an heir who worked without pay in the deceased’s business for many years by submitting specific evidence of labor and financial contributions, securing an addition to the inheritance share
Limited acceptance filing and creditor response — represented the heir in filing a limited acceptance in an estate with debts exceeding assets, and objected to creditor enforcement proceedings to protect the heir
Will drafting advisory — assisted in drafting a legally precise will satisfying all statutory formality requirements for holographic and notarial wills, with detailed identification of assets and designation of an executor, to prevent future disputes