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INHERITANCE & MARITAL PROPERTY

Lifetime gifts and special benefits

My sibling received property during our parent's lifetime. Should the remaining estate still be divided equally?

We distinguish gifts from transactions for value and review whether each transfer should affect the calculation of inheritance shares.

What should be distinguished first?

Receiving property does not establish the nature of the transfer. Gifts, transactions for value, returns and settlements must be distinguished. Compensation for special care or contributions also requires review of the amended law and its application dates.

What records help explain the issue?

  • Gift agreements
  • bank records
  • shareholder registers
  • tax records
  • sale and repayment documents

Bring what you already have. Mark the documents you cannot obtain separately so we can discuss appropriate ways to establish the relevant facts.

How do we review your situation?

  1. Listen to what happened and the outcome you need.
  2. Connect each disputed claim to the asset history and available evidence.
  3. Separate matters for agreement from issues needing a court decision.

When should you raise a timing concern?

Tell us promptly if you have received a court document, if a disposition is imminent, or if you have recently learned of a debt or transfer. Dates and service records matter; a website checklist cannot determine a filing deadline.

Further official guidance: Korean official legal information ↗ · Amendments and transitional provisions ↗

Editorial update: 14 September 2026. General guidance; the applicable rules depend on the facts and dates.

CASE RESULTS

What changed in the case

All case summaries ↗
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.

You do not need every document to begin.

Start with the assets you know about and the issue worrying you most.

Discuss your situation ↗