An heir will not agree to a division
We compare the proposed agreement with the known estate and explain what remains disputed before considering negotiation or court proceedings.
INHERITANCE & ESTATE DIVISION
Korean inheritance & estate division lawyers
Clarify the estate, past transfers and each heir’s position before deciding how to divide the assets.
Kim & Hyun assists with estate-division negotiations and court proceedings. We examine asset ownership, alleged lifetime gifts and contributions, and identify the records needed to support or answer each claim.
Start with the disputed issue.
An asset appears to be missing
We examine acquisition and title records alongside the source and movement of funds. Ownership issues may need to be resolved before division.
Past transfers are disputed
We distinguish alleged gifts from business consideration, returned property and settled proceeds using records specific to each transfer.
Care or financial support is disputed
We organise the care provided, expenses and property-management records and compare them with the contribution being claimed.
CASE RESULTS
What changed in the case
Special-benefit allegations rejected in part
Defending against claims that business proceeds were lifetime gifts
Read the case ↗- The concern
- During estate division, the client faced allegations that property and money previously received were lifetime gifts.
- Our response
- The review distinguished business agreements and actual work, records of returned shares, and transfers settling sale proceeds.
- The outcome
- The court rejected certain special-benefit allegations relating to business consideration, returned shares and settled proceeds, and amended the estate division.
Other items were recognised as special benefits, and the contribution-related appeals were dismissed. Finality has not been confirmed.
ISSUE → RECORD → NEXT STEP
What needs to be established?
We compare what each party says with the records already available, then identify what needs further investigation. You do not need to collect everything before making an initial inquiry.
The estate to be divided
Separate known property from assets whose ownership or existence is disputed.
Useful records: Title records, financial inquiry results and the proposed estate schedule.
Alleged lifetime gifts
Examine the purpose of each transfer, including work, repayment, return or settlement.
Useful records: Agreements, transfers and records of the transaction’s actual purpose.
Care and financial contributions
Explain what was done, what was paid, and how the deceased’s property was managed.
Useful records: Care records, expenditure evidence and dated communications.
The proposed division
Identify who receives which asset, the valuation used and any settlement obligations.
Useful records: The proposed agreement, valuation materials and written requests from the heirs.
Only use documents you can lawfully obtain. We discuss the appropriate procedures for records held by others.
What happens when you instruct us?
Consultation
Discuss the heirs, known assets, proposals exchanged and documents received.
Document review
Compare the estate list with title, transfer, business and care records.
Strategy
Identify the issues to claim or answer, missing evidence and the appropriate next procedure.
Written submissions
Prepare the agreed claims, responses and supporting documents within the scope of the engagement.
Hearings and negotiations
Explain the matters to address at hearings or mediation and assess proposals as they arise.
Outcome review
Explain what was accepted, what remains unresolved and any further steps requiring consideration.
Scope and fees
The engagement defines the work included, applicable initial and success fees, court costs and other expenses. Reviewing an agreement, representing you in proceedings and handling an appeal may have different scopes. We explain these before the engagement.
Not every matter follows every step. The approach depends on the dispute and the work agreed.
KIM & HYUN
Family circumstances. Property records. Reasons for the decision.
Kim Hyun-jung, Attorney
- Estate administrator appointed by the Seoul Family Court (since 2023)
- Professional guardian, Seoul Family Court (since 2023)
- Certified tax accountant; patent attorney
Her estate-management and guardianship experience informs the review of asset records, management needs and tax-related questions.
Full profile ↗Younghoon Kim, Attorney
- Former judge, Seoul Central District Court
- Former Research Judge, Supreme Court of Korea
He examines the issues that must be proved and the reasons in existing court decisions, helping clients distinguish the claims from the supporting evidence.
Full profile ↗RELATED READING
Read about the property in your dispute.
Finding a deceased person’s accounts and shares
Consider payment requirements after identifying the assets.
Korean-language articleDisputed values of inherited buildings
Identify valuation issues relevant to division.
Korean-language articleBefore signing an estate-division agreement
Check the property list and scope of the agreement.
Korean-language articleQuestions before instructing a lawyer
What if an heir will not sign the estate-division agreement?
An agreed division requires agreement among all co-heirs. If negotiations fail, court division may be considered, normally through the required mediation procedure first. The heirs and disputed assets should be identified.
Official reference (Korean) ↗Are all transfers from a parent treated as lifetime gifts?
A transfer needs to be examined in context. Our published case distinguishes business consideration, returned shares and settled proceeds from the special benefits alleged by other heirs. Some allegations were rejected, while others were accepted.
Related guidance or case →Does caring for a parent automatically increase my share?
The nature of the care, expenses and property management needs to be supported by records. We review the claim and the other heirs’ response rather than assuming that living together alone establishes a contribution.
Related guidance or case →Can financial inquiry results be used to withdraw all of the deceased’s funds?
Finding an account and being entitled to receive the funds are different matters. Check the financial product, required documents and the rights of the heirs.
Related guidance or case →Is a reserved-share claim the same as estate division?
They address different questions. We distinguish the estate still to be divided from property transferred by gift or will, then review the appropriate claim and its timing.
Related guidance or case →Read more about your issue.
Bring what you already know.
- Family relationships and the known estate and debts
- The proposed division or the other heirs’ claims
- Records of disputed transfers, business transactions or care
- Any will, agreement or court document already available
For an initial phone or KakaoTalk inquiry, briefly describe the dispute and whether you have received court documents. Arrange the transfer of sensitive originals with the office.
Seocho-gu, Seoul · 502, East Building, Jeonggok Building, 16 Beobwon-ro · 010-5534-6843
Legal framework
Estate division may proceed by agreement among the co-heirs or, where agreement cannot be reached, through the applicable court process. The heirs, property and any restriction on division must first be identified.
Official legal reference (Korean) ↗