The Korean Supreme Court has reaffirmed that property gifted as compensation for long-term support or caregiving of a deceased parent may be excluded from special benefits subject to the calculation of the Korean legal reserve of inheritance, to the extent corresponding to such contribution. The ruling is based on the reasoning that since the retroactive effect of a Korean Constitutional Court ruling of unconstitutionality applies to cases pending in court at the time, even if the parties did not file a request for a constitutional review, the
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Constitutional Court of Korea on Gifting of Property to Children who Abandon Parents
The Constitutional Court of Korea ruled that a provision in the Korean Civil Code prohibiting the revocation of a gift of property already transferred, even if a child abandons their duty to support their parents, does not violate the Korean Constitution. The Court also ruled that the provision prohibiting the revocation of a gift after it has been executed on the grounds that the contract was not in writing or that the donor’s financial condition has deteriorated is constitutional. The case stems from a constitutional complaint filed
Continue readingKorean Supreme Court Limits Enforceability of Trust Registers Against Third Parties
The Korean Supreme Court, in Decision 2022Da233164 (February 13, 2025), significantly limited the extent to which provisions in Korean trust agreements that were attached to trust registrations may be enforced against third parties. This decision clarifies a long-standing uncertainty in Korean trust law and Korean real estate law. This decision has material implications for trustees, landlords, tenants, and investors dealing with trust-held real property in Korea. Under the Korean Real Estate Registration Act, a trust registration must include a trust register, and in practice, the trust agreement
Continue readingKorean Inheritance Law & Trust Planning Resource Guide by IPG Legal’s Seoul, Korea Office
A Comprehensive Resource on Wills, Forced Heirship, Estate Disputes, and Cross-Border Succession Inheritance law in Korea presents unique challenges that are often underestimated by foreign nationals, overseas Koreans, and international families. Korea’s civil law system imposes mandatory inheritance rules, strict procedural requirements, and one of the most demanding inheritance tax regimes globally. These issues frequently intersect with foreign laws, creating complex cross-border disputes and unintended outcomes that IPG Legal works on for clients. Over many years, The Korean Law Blog has published detailed articles on Korean inheritance
Continue readingIPG Legal Expert Opinions on Korean Law for Foreign Courts and Law Firms
As complex cross-border litigation, arbitration, and international transactions continue to increase in Korea, foreign courts and overseas counsel are frequently required to apply or assess Korean law and the Korean legal system. In such cases, accurate and nuanced interpretation of Korean statutes, judicial precedent, and regulatory practice is essential. IPG Legal regularly works with foreign lawyers and courts to provide expert opinions on matters governed by Korean law. We often appear in court and provide legal opinions worldwide. The Role of Korean Law Expert Opinions in Cross-Border
Continue readingMarriage Annulments Possible in Korea? Intention of the Marriage Potential Factor in Korean Court’s Annulment Decision
Annulments have been nearly impossible to obtain in Korea when parties have voluntarily married, and the marriage was properly registered. However, Korean courts have recently been willing to entertain colorful arguments in some cases. An annulment in South Korea voids the marriage and, thus, the marriage is invalid from the start. Thus, there is no division of marital property. Recently, a young married couple obtained an annulment in Korea based on some interesting facts. The couple lived together with the sister of the husband prior to marriage. They were
Continue readingCross-Border Estate & Trust Planning for Foreign Residents in Korea and Korean Families with Heirs Abroad
As South Korea continues to attract foreign entrepreneurs, executives, and long-term residents, an increasing number of expatriates and multi-nationality families are discovering that their estate and trust structures, often established under foreign law, do not comply with Korea’s civil-law inheritance system and Korean inheritance and tax laws. When a family member passes, the combination of Korean statutory succession laws, foreign wills, offshore trusts, and cross-border assets can give rise to complex legal conflicts, international tax complexities, and unexpected disputes. Proactive estate planning is therefore essential to prevent
Continue readingInheritance Asset Checks for Heirs of a Korean Estate
When a person with Korean nationality or assets in Korea passes away, heirs (both Korean and foreign) often face significant challenges in identifying, verifying, and properly accounting for all the deceased’s assets (and liabilities). A thorough “asset check” is an essential first step. For an article on the basics of Korean Inheritance Law, please see: Korean Inheritance Law Q& A. Inheritance Asset Checks in Korea An inheritance asset check in Korea is the process by which heirs (or their representatives) identify and verify all of the decedent’s
Continue readingKorean Adult Guardianship a Tool in Resolving Corporate Management Disputes in Korea
IPG Legal is one of the leading Korean law firms assisting families residing globally in Korean Adult Guardianship, Korean Inheritance, Korean Estate Planning, and Korean Inheritance Tax Matters. Increasingly, the Korean Guardianship System is being utilized to resolve complex and contentious corporate management disputes. Adult Guardianship as a Tool to Resolve Korean Company Management Disputes Adult guardianship in Korea was typically associated with protecting individuals who cannot make decisions for themselves due to mental or physical incapacity. Today, lawyers in Korea are strategically utilizing adult guardianship as
Continue readingKorean Inheritance Law and Cross-Border Estate Planning under Korean Law: A Comprehensive Guide
Korean inheritance law is complex and ever-changing, particularly when family and estate matters cross international borders. Issues of jurisdiction, nationality, residence, asset location, and inheritance taxation often overlap. The nationality of the decedent, the residence of both the decedent and the heirs, and the situs of assets may each affect the applicable inheritance law and tax treatment. For more information on Korean inheritance law, please see: IPG Legal’s Inheritance & Estate Law Archive. For this reason, retaining an experienced Korean inheritance lawyer and a proactive tax professional is
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