Law Firm Changchun represented the defendant — the eldest grandson, who had received real estate as a gift from the deceased during their lifetime — in a forced heirship (statutory reserve) claim brought by the deceased's children, and led the matter to a successful mediated settlement.
The courts had long declined to take a defendant's contribution into account at all in forced heirship claims, on the basis that "the contribution share and the forced heirship regimes serve different purposes, and there is no legal basis for deducting a contribution share in calculating the statutory reserve." While the case was pending, however, on April 25, 2024 the Constitutional Court held article 1118 of the Civil Act — which does not apply the contribution share provisions to the statutory reserve — incompatible with the Constitution.
Because the "contribution share" element held incompatible with the Constitution remains in force until the National Assembly amends the relevant provisions, with a deadline of December 31, 2025, there is no legal difficulty as such if a court renders judgment under the current statutory reserve provisions before that amendment.
Even so, Changchun argued actively in the case that (i) the defendant's late father and others, who predeceased the deceased, should be recognized as having made contributions through supporting and caring for the deceased and their spouse and through acts that increased their assets, and (ii) since the Constitutional Court's decision urged the legislature to apply the "contribution share" provisions to the statutory reserve, the defendant's side's contribution should be fully reflected in this case.
The court accepted those arguments and proposed a mediation reflecting the defendant's contribution share. Neither the plaintiffs nor the defendant objected, and Changchun was able to bring the case to a successful mediated settlement.
Law Firm Changchun provides legal services designed to protect our clients' interests to the fullest in inheritance disputes of many kinds, including forced heirship claims, petitions for the division of estates and matters concerning wills.