Single woman in her 40s shocked after overhearing sister's inheritance talk — wants to donate estate to charity

A single woman in her 40s is seeking legal advice on how to leave her estate to society rather than her family after accidentally overhearing a conversation between her younger sister and brother-in-law at a hospital.

The woman's story, identified only as A, was featured Friday on YTN Radio's legal advice program "Cho In-seop's Counseling Office." A works at a large conglomerate and has never married.

She had been close to her younger sister's family, regularly sharing meals and travel with them. She had also doted on her middle-school-aged nephew like her own child, giving him gifts and allowance money.

After receiving an abnormal result from a routine health checkup, she visited a hospital — and overheard something she had not expected. In a hallway, she caught her sister telling her husband, "If something happens to my older sister, the inheritance will go to our kid."

"Instead of worrying about my health, they were already calculating what they'd get after I died — it left me completely drained," A said. "I don't want to leave a single won to my sister's family. I want to donate to students in need or organizations I care about and give back to society."

She also asked whether her sister and brother-in-law could still claim inheritance rights after her death, and what steps she would need to take to ensure her estate was distributed according to her wishes.

Attorney Park Seon-a of law firm Shinsegaero said that leaving a will in the legally prescribed form allows a person to freely designate the distribution of their estate or exclude specific heirs. "If the will clearly states the intention not to leave assets to the sister's family, that will be legally recognized," Park said.

Park added that a Constitutional Court ruling had abolished the forced heirship regime for siblings — excluding lineal descendants and lineal ascendants — meaning the sister's family would have no grounds to claim a compulsory share of the estate.

However, Park cautioned that the family could still file a lawsuit challenging the validity of the will. "On the other hand, assets donated during one's lifetime to a foundation or public-interest organization are in principle not included in the estate, making it very difficult for anyone to reclaim them," she said.

Park recommended a testamentary substitute trust as a more reliable option. "Under a trust arrangement, a trustee manages the assets during the settlor's lifetime, and after death the assets are transferred according to the terms of the contract," she said. "Trust assets hold a separate legal status from the estate, which makes them highly effective at blocking heirs from accessing the property."

Park also advised that, to guard against disputes over the will's validity, it is important to preserve evidence showing the person had full mental capacity at the time the will was made. She suggested keeping medical records alongside notarized documents, recording the notarization process on video, and having a disinterested attorney or notary present as a witness.

She further noted that entering into a voluntary guardianship agreement in advance — designating a trusted third party as guardian — is an effective way to prevent family members from intervening in asset management by applying for adult guardianship.