특별수익, 유류분 그리고 재혼

A Study on Relations between Special Profit, Legally Secured Portion and Remarriage

If husband gives inheritance to his sons and daughter, before he remarried, could wife have a right for return the inheritance that was given to husband’s sons and daughter? There is no prescription about that problem in Korea. Recently Seoul Family Court made a decision about the right of wife in the same case. The court sentenced that the wife has a right for return the inheritance to husband’s sons and daughter. Theories and precedent insist that wife’s right to overtake the inheritance is permitted for balance between successors. In that point of view the court made acceptable decision. But I think the decision has some problems. The wife was not successor when husband gave inheritance to his sons and daughter. So she has no expectation about the inheritance that was given to husband’s sons and daughter. Therefore she has no right to overtake the property. In the same reason she has no right to demand the legally secured portion.