South KoreaWhat is a testamentary gift (bequest)?
A testamentary gift (bequest) is a disposition of property made in a will, taking effect upon the testator’s death, as defined under South Korea’s Civil Act.
What the Law Says
South Korean law defines a testamentary gift — known as a 'bequest' — in the Civil Act. It is a unilateral, posthumous transfer of property from a testator to a beneficiary through a valid will.
A bequest is not effective until the testator dies. Until then, the testator may freely revoke or modify it. The beneficiary acquires rights only after the testator’s death and upon acceptance of the bequest.
The Civil Act specifies that a bequest must be made in writing, comply with formal will requirements (e.g., holographic or notarial will), and clearly identify both the property and the beneficiary.
Beneficiaries have a statutory period to accept or renounce the bequest — failure to act within the prescribed time may result in deemed renunciation.
Statutory TextA bequest is a disposition by which a testator, by his will, gives all or part of his property to another person.
— Civil Act, Art. 1060 — Definition of Bequest
Statutory TextThe beneficiary of a bequest acquires the right to claim the bequeathed property from the moment the testator dies.
— Civil Act, Art. 1061 — Effect of Bequest
Statutory TextA testator may revoke a bequest at any time before his death.
— Civil Act, Art. 1062 — Revocation of Bequest
Statutory TextA beneficiary must expressly accept or renounce a bequest within six months from the time he becomes aware of the bequest and the testator’s death.
— Civil Act, Art. 1063 — Acceptance or Renunciation
What to Do
Ensure the will complies with Civil Act formalities (e.g., holographic signature or notarized execution).
Clearly identify the bequeathed property and the intended beneficiary in the will.
After the testator’s death, the beneficiary must decide — within six months of learning of the bequest and death — whether to accept or renounce it.
Acceptance must be express (e.g., written declaration to the estate administrator or family court); silence does not constitute acceptance.
If accepting, file notice with the family court handling the estate settlement, if required.
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.