Managing Attorney Yun Ji-sang  |  Contributed column to The JoongAng Plus

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Law Firm Jonjae's Managing Attorney Yun Ji-sang contributed a column on the executor system to The JoongAng Plus. It explains the meaning of an executor, recent issues, and the need to designate one during your lifetime.

* Since the main article is a paid column, we cannot excerpt the content. Below, we summarize the key points; you can find the original text in the attached link.

What is an executor — the person who carries out the deceased's will

In Korea, 'wills' are still not a widely used system. Many people are not sure how to leave a will or how a left-behind will is carried out. The person who actually carries out the will is the executor.

The executor identifies the status of all inherited assets and, in accordance with the contents of the will, distributes and transfers the decedent's property (including registration procedures if necessary) and handles other inheritance-related documents and tasks.

Anyone can do it, but you should not entrust it to just anyone

There are no legal restrictions on who may serve as an executor. If no one is separately designated or entrusted, all heirs collectively become executors. Because all heirs share the rights jointly, consensus from everyone is required to carry out the will. If conflict arises in this process, they may contest it through a probate division proceeding or apply to the court for the appointment of an executor.

Even if there are heirs, if execution is difficult, you may ask the court to appoint an executor, and at the court's discretion, an individual, a foundation, or an expert may be appointed.

'Betrayal by a trusted person' — disputes surrounding executors

When the executor is one of the heirs, or when the person lacks verified expertise or a relationship of trust, concerns arise such as "What if this person diverts the inherited assets?" In reality, such incidents occur not infrequently. The 'betrayal by a trusted aunt' case discussed in Managing Attorney Yun Ji-sang's column was exactly such a case.

If this happens, criminal embezzlement in the course of business may apply, and civilly, the heirs may claim damages. It is also possible to dismiss the executor and ask the court to appoint a new one.

The best option is to designate an expert as executor during your lifetime

The surest way to prevent posthumous disputes is to designate a trustworthy expert as executor during your lifetime. Among clients who have signed inheritance consulting advisory agreements with Law Firm Jonjae, some request that Managing Attorneys Yun Ji-sang and Noh Jong-eon become their executors. When a family law specialist attorney serves as executor, legal disputes that may arise during the execution of the will can be preemptively blocked, allowing smooth distribution of assets.

If you need expert assistance regarding the appointment of an executor or conflicts arising in the process, please contact Law Firm Jonjae's dedicated inheritance team.