1. The Client's Crisis

The clients were children born of their father's previous marriage and were living abroad as U.S. citizens. They had maintained a close relationship with their father and were in frequent contact with him, but one day, contact suddenly ceased. After searching everywhere, they learned of their father's death only through his secretary, a month later.

Their stepmother (the other party), even though their father was critically ill in the intensive care unit, never informed his biological children. Only after the funeral was over did she send them a handwritten will, along with the excuse that she "was in no state to deal with it," claiming the father had written it right before his death. The will stated that major assets worth about KRW 15 billion, including an apartment in Gangnam (market value of about KRW 7 billion) and a building, were to be inherited by the stepmother and her children from her previous marriage. The clients, who could not even be present at their father’s final moments, faced the risk of losing their inheritance rights as well because of a will full of suspicious circumstances.

2. Core Issues

The complex issues in this case boiled down to three main points. First, whether the will, which appeared to have been hurriedly drafted right before the father's death and in anticipation of his ICU admission, truly reflected his intent, and whether it satisfied the formal requirements for a holographic will under the Civil Act. Second, because the stepmother was unilaterally occupying and using the Gangnam apartment, the building, vehicles, and other assets without disclosing any information about them, it was necessary to identify the scope of the entire estate and uncover any concealed assets or lifetime gifts (special benefits). Third, since the clients were U.S.-resident citizens, they faced physical constraints in obtaining documents and responding legally in Korea, so practical measures were needed to overcome those obstacles.

3. Jonjae's Strategy

Attorney-Representatives Yun Jisang and Noh Jong-eon devised a layered strategy that simultaneously addressed the will probate process and a petition for division of the estate.

First, when the stepmother applied to the court for probate of the will, we immediately intervened throughout the entire probate process as interested parties (heirs). At the probate hearing, we personally inspected the condition of the original will and had the condition of the handwriting and thumbprint recorded in the transcript, thereby securing a basis that could later be used for handwriting analysis and the like. In particular, we pointed out on the spot that the opposing side's counsel had misstated the year the will was drafted and obtained a corrected transcript, creating grounds to question the accuracy of the will's record.

Second, we preemptively filed both a petition for division of the estate and a claim for return of the legally reserved portion of inheritance (the minimum share guaranteed by law). While challenging the validity of the will in earnest, we also created a dual safeguard so that even if the will were found valid, the clients could still secure their reserved portion, which is one-half of the statutory share. Because claims for return of the reserved portion are subject to a statute of limitations, this was also a preemptive step to interrupt the running of time.

Third, through the court's corrective orders, we persistently obtained family relation certificates and address information that could not be secured because of the stepmother's lack of cooperation, and we applied for strong evidence-gathering measures such as orders to submit financial transaction information in order to identify concealed assets and lifetime gifts. To overcome the constraints of time zones and distance with the clients living overseas, we established a real-time communication system and handled the complex domestic family non-contentious proceedings without gaps.

4. Results and Recovery

In the probate proceedings, we succeeded in formally establishing as official records the contradictions in the year the will was drafted and the condition of the original document. These are key grounds that can later be used as favorable evidence in the main lawsuit that will fully challenge the validity of the will.

The estate division and reserved portion return claims are currently being handled in mediation proceedings at the Seoul Family Court, and Jonjae Law Firm is continuing negotiations to derive the settlement terms most favorable to the clients based on the facts and evidence secured in the probate proceedings.

Jonjae Law Firm is standing with the clients as they reclaim their rightful inheritance rights after learning of their father's death only a month later without being able to witness his final moments and facing threats to their inheritance rights from a will full of suspicions.

If you are wondering how to respond in a similar situation, we recommend consulting with a professional, as the outcome may vary depending on the specific facts of the case.

Attorney in charge: Managing Attorney Yun Jisang · Managing Attorney Noh Jong-eon

To protect confidentiality, this case has been partially de-identified within a range that does not compromise the essence of the matter.

If you are in a similar situation, the video below may be helpful.