▲ Attorney Byung-hwa Lee, LIN LLC

 
 

There once was an only daughter, a promising entrepreneur who was self-made, accumulating a multi-billion-won fortune from humble beginnings. Having devoted herself to work and neglected relationships, she was captivated by a man she met well past the age of forty and rushed into marriage. The mother, who had raised her daughter alone, was not entirely fond of her son-in-law but could not oppose her daughter’s decision.

However, the happiness of the newlywed couple was short-lived. Marital discord began right after the wedding, and the conflict deepened as the husband frequently stayed out late. Tragically, less than a year after the wedding, the daughter took her own life, despairing over her situation. The son-in-law became unreachable shortly after the deceased daughter’s estate was settled. This account is based on a true story that has been fictionalized.

In this situation, many people may be curious about what happens to the daughter's estate. Let’s recall the order of succession discussed in the previous column.

The first priority heir is the  lineal descendants of the deceased (children, grandchildren, etc.), and the second priority heir is the lineal ascendants of the deceased (parents, grandparents, etc.). The spouse shall be a co-heir with the first or second priority group, or shall become the sole heir if both the first and second priority heirs are absent.

In this case, since the daughter had no children, there is no first-priority heir. The succession therefore passes to the next priority, and the mother, as the second-priority heir, inherits the daughter’s estate, with the daughter’s husband becoming a co-heir with the mother. In terms of share: as the spouse’s inheritance share is increased by 50% compared to the lineal ascendant’s share, If the mother’s share is set at 1, the husband’s (son-in-law’s) share becomes 1.5. Thus, if the total estate were 10 billion KRW, the husband would inherit approximately 6 billion KRW, and the mother would inherit approximately 4 billion KRW.

From the mother's perspective, it would feel deeply unfair and heartbreaking that the son-in-law, whom she disliked, would take a large portion of the fortune her daughter worked so hard to build, less than a year after their marriage. However, because the law strongly protects the inheritance rights of a legal spouse whose marriage has not been dissolved, this conclusion is unavoidable.

The mother, devastated by her daughter's death, passed away five years later. Her estate included the inheritance received from her daughter, a luxury apartment worth 3 billion KRW that her daughter had bought, and a substantial amount of deposits Who now inherits the mother’s estate?

The mother’s first priority heir is her lineal descendant (children). But since the daughter who died first was the only child, there were no other children. Does this mean there is no first-priority heir? This is where the issue of subrogated succession arises.

Subrogated Succession refers to a system where, if a lineal descendant or sibling who was entitled to be an heir dies or is disqualified before the commencement of succession, their own lineal descendants or spouse inherit in place and priority of the deceased or disqualified person. Simply put, if a child predeceases a parent, the deceased child's children (grandchildren) or spouse (son-in-law, daughter-in-law) inherits the deceased child's share of the estate. If the deceased child has no children, the spouse inherits the entire subrogated share alone. However, a prerequisite for the spouse to receive the subrogated succession is that they must not have remarried. This is because remarriage immediately terminates the affinity relationship (in-law relationship) and consequently, the right to subrogated succession is lost.

In this case, the daughter's husband, who had disappeared after the daughter’s death, learned of the mother’s death. If he had remarried in the interim, he would  not receive a single penny of the mother’s estate. However, if he had not remarried, he would qualifie as a subrogated heir and inherit the mother’s entire estate. Did the husband in the actual case remarry? Or was he waiting for the mother’s death without remarrying?
 

This case clearly demonstrates that inheritance is not solely determined by blood ties or emotional bonds. The legal principles of statutory succession and subrogated succession can operate in ways we do not anticipate, sometimes resulting in outcomes that deviate from the deceased's true intentions or the practical circumstances of the bereaved family. If the husband had not remarried, the entirety of the vast assets held by the daughter and the mother would ultimately fall into the hands of the husband who was the underlying cause of the daughter's death.

To avoid such heartbreaking consequences, to respect the final wishes of the deceased, and to save the remaining family from unnecessary conflict and despair, it’s essential to prepare an estate plan during one’s lifetime. This involves drafting a will or estate plan, consulting with a legal expert, and clearly indicating who should receive which assets.in a way that holds up in court. This is the wisest wisdom that goes beyond the grief of ‘being left behind' to secure the peace of ‘being left behind,' and it is the truest expression of love for one's family.


For further details, please refer to the original article below.

Today Newspaper
Original article:
https://www.ntoday.kr/news/articleView.html?idxno=117950