Eldest son who already received $1.49m demands 30% more, ends up in inheritance court

An eldest son who had already received assets worth 2 billion won ($1.49 million) filed a lawsuit demanding an additional 30% of his late father's estate as a "contribution share," citing his role in caring for their ailing father and sparking a dispute with his siblings.

YTN Radio's "Attorney Cho In-seop's Counseling Center" on Tuesday featured the case of a family divided by an inheritance dispute among a mother and her three sons following the father's death.

The youngest son, referred to as A, sought advice, saying his eldest brother had lived near their father and taken charge of his nursing care and asset management for five years, and was now demanding 30% of the roughly 1 billion won in remaining inheritance as his "contribution share."

According to A, while his eldest brother did care for their father, he had already received more than 1 billion won in cash and real estate worth 1 billion won from their father while he was still alive — more than 2 billion won in total received before the father's death.

A said he found it excessive that his eldest brother, having already received more than 2 billion won, was now demanding an additional 30% of the remaining estate. "I thought he was being greedy," A said, adding that their mother, unable to bear it any longer, finally spoke about something she had kept to herself for a lifetime.

Their mother recounted how she had farmed alongside their late father for more than 60 years while raising three sons, and had cared for her parents-in-law and a brother-in-law for more than five years. She said the farmland that made up most of the remaining estate had been built up by the couple over their lifetime. She added that she had nursed their father through his battle with cancer, and that his hospital and treatment costs had been paid with money the couple had set aside.

A said, "My second brother and I believed it was right to acknowledge our mother's contributions, so we proposed giving her a substantial portion of the inheritance and splitting the rest equally among the siblings. But we could not narrow the gap with our eldest brother."

The eldest brother ultimately filed for a court adjudication on the division of the inheritance and is now awaiting the court's ruling.

A added, "I hope the court protects our mother's rights after a lifetime of sacrifice, and that my brother's circumstances — having already received a large sum — are fairly reflected in the inheritance process."

Attorney Kim Mi-ru of law firm Shinsegaero explained that a "contribution share" refers to an amount added to an heir's statutory share when that heir provided special support to the deceased or made a special contribution to maintaining or increasing the deceased's assets. To be recognized, she said, it must be proven that the heir provided such special support or made such a special contribution.

"Nursing care or partial assistance with hospital bills at a level typically provided by children is unlikely to be recognized as a 'special contribution,'" she said.

Regarding the eldest brother having received a total of 2 billion won through lifetime gifts, she said, "On its face, he appears to have taken more than twice what remains in the estate, so he is likely to be classified as an 'excess special beneficiary' — meaning he would have no further share to take from the remaining inheritance."

An "excess special beneficiary" refers to a co-heir whose special benefits — received through a bequest or lifetime gift — exceed the value of their statutory inheritance share. Such an heir receives nothing further from the estate, reducing their inheritance share to zero.

On the mother's contribution to building the family's assets, Kim said, "It is rare for a child's contribution share to be recognized, but there is somewhat more room for a spouse's contribution to be recognized," suggesting the mother in this case could have her contribution acknowledged to some degree.

As a result, Kim explained, the roughly 1 billion won left by the father would be divided among the mother and the two younger brothers according to their statutory shares, with the eldest brother excluded as an excess special beneficiary.