South KoreaWhat is the statute of limitations for legally reserved?
The statute of limitations for legally reserved share claims in South Korea is 1 year from the time the heir becomes aware of the infringement, and in any case no more than 10 years from the start of inheritance.
What the Law Says
South Korean law guarantees a 'legally reserved share' (also called 'compulsory share') to certain close heirs — such as spouses, children, and direct ascendants — ensuring they receive a minimum portion of the deceased’s estate, even if a will attempts to disinherit them. Claims to recover this reserved share are subject to strict time limits under the Civil Act.
Under Article 1000 of the Civil Act, certain statutory heirs have a right to a legally reserved share: one-half of the statutory inheritance share for children and spouses, and one-third for direct ascendants.
Article 1002 of the Civil Act sets the limitation period for asserting reserved share claims: 'The right to claim reduction of gifts or bequests exceeding the legally reserved share shall be extinguished by prescription after one year has elapsed from the time the heir became aware of the infringement, and in any case after ten years from the commencement of inheritance.'
This means the clock starts either when the heir learns that their reserved share was violated (e.g., through discovery of an unfair bequest), or — at the latest — 10 years after the inheritance begins (i.e., the decedent’s death). The shorter of the two periods applies.
Statutory TextThe right to claim reduction of gifts or bequests exceeding the legally reserved share shall be extinguished by prescription after one year has elapsed from the time the heir became aware of the infringement, and in any case after ten years from the commencement of inheritance.
— Civil Act, Art. 1002 — Limitation period for reserved share claims
What to Do
Confirm your status as a statutory heir entitled to a reserved share (e.g., child, spouse, or parent of the deceased).
Determine the date of the decedent’s death (start of inheritance) and when you first learned of the violation (e.g., unfair bequest or gift during lifetime).
File a claim for reduction of excessive gifts/bequests within 1 year of awareness — but no later than 10 years after death.
Submit a formal demand for reduction to the beneficiary or executor; if unresolved, file a civil lawsuit at the district court with jurisdiction over the estate.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.