“Statutory inheritance share” is a guaranteed percentage of inheritance for heirs regardless of the decedent's will, with one-half of the statutory inheritance for the decedent's direct descendant(s) and spouse, and one-third for direct ascendant(s) and sibling(s).

On May 17, 2023, the Constitutional Court held a public hearing on the constitutionality of such statutory inheritance share system.

Constitutional Court hears public arguments on “statutory inheritance share” constitutional petition (May 17) (Photo: Yonhap News)

When Mr. A, who established a scholarship foundation during his lifetime, died in 2019, he bequeathed his property to the foundation, and his children filed a lawsuit against the foundation to return the bequest corresponding to their statutory inheritance share. In response, the foundation filed a constitutional petition, and the claimants and the Ministry of Justice argued about the constitutionality of the statutory inheritance share system, and the freedom of will and the right to dispose of the deceased's property, on the one hand, and the legal stability of the heirs and recognition of their contribution to the formation of the inheritance assets, on the other hand, were at issue.

To find out whether the statutory inheritance share system, which was created in 1977, will be abolished through a decision of inconsistency with the constitution or unconstitutionality, as was the case with the hoju system (abolished in 2008) and adultery crimes (abolished in 2015), JTBC interviewed Mr. In Chul Kang, a lawyer at Lin (law firm), who represented the petitioners in this constitutional case.

The original article can be found below.

JTBC, Yong Woo Jeon
View original article▼
https://news.jtbc.co.kr/article/article.aspx?news_id=NB12127172