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In Korea, 'wills' are not a commonly used system. As a result, many people are unsure how to leave a will, or how a left-behind will is actually carried out. The person who carries out this will is the "executor". 

This time, Attorney Yoon Jisang, the representative attorney of our firm, explained the recent issues surrounding executors and the need to designate one during one’s lifetime on "The JoongAng Plus".

*Since the original article is a paid column, please understand that we cannot excerpt the content. You can view the original text at the attached link.

1. Meaning of an executor: the person who carries out the deceased's will

• Understanding the overall status of the estate

• Distributing and transferring the decedent’s assets according to the contents of the will (including registration procedures if necessary)

• Performing other matters related to inheritance documents and administrative tasks
  
  

2. Qualifications of an executor: There are no restrictions.

 If no separate designation/entrustment has been made, all heirs become executors. In other words, because they jointly hold the rights, the consent of all heirs is required when carrying out the will. If it is difficult to resolve the conflict at that time, you may also apply to the court to appoint an executor.

 There are also cases where execution is difficult even if there are heirs. In such cases, you may file a petition with the court to designate an executor, and depending on the heirs or the court’s discretion, an individual/foundation/expert, etc. may be appointed.

3. Concerns about the executor

 When the executor is one of the heirs, or when the person has no expertise or trust relationship at all, "What if this person siphons off the inherited assets?" many people worry about this. In reality, accidents like this happen quite often. The original column's "The Betrayal of the Trusted Aunt" was also such a case. 

In such cases, criminal embezzlement in breach of duty applies, and civilly the heirs may also claim damages.

Of course, you may also apply to the court to dismiss the executor and appoint a new person in charge. Therefore, to prevent posthumous disputes,  some clients who have entered into inheritance consulting advisory agreements with our firm request the representative attorneys of Jonjae Law Firm to serve as the executor. 

If you need expert assistance regarding the designation of an executor or conflicts arising in the process, please feel free to contact Jonjae Law Firm.

Jonjae Law Firm is a firm specialized in family/inheritance law, 

- Representative Attorney Yoon Jisang, former presiding judge of the Family Court and coauthor of the inheritance property division / reserved portion trial practice handbook first published by the Supreme Court, and 

- Representative Attorney Noh Jong-eon, who has handled celebrity family cases in full, including the petition for the so-called Goo Hara Act and legal representation for broadcaster Park Soo-hong

As inheritance experts and attorneys with experience as family court judges, we personally handle every case and strive to help clients achieve the best possible outcome.

Thank you.

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