유언과 상속재산의 보전 - 약자상속인 보호를 중심으로

Will and preservation of inherited property : Focused on Protection of Weak Inheritor

In inheritance, there are people who need special protection because of a naturally disadvantageous position compared to other co-inheritors. These people are called weak inheritors. This is a much broader concept compared to the weak inheritor defined in the Civil Act which limits the definition to those who are Persons with Limited Capacity. The parents of the weak inheritor want to ensure that the weak inheritor has enough property to survive after their death, and the property is well preserved after the inheritance. Securing the inheritance of the weak inheritor can be resolved through a will. However the weak inheritor needs special protection in the testamentary process, especially if there is no guardian. And, making a will, ensuring the validity of the will, and protecting acquired property are separate regal issues. The protection of the weak inheritor can be resolved through a bequest with the substitute heir, will substitute Trust, or trusts for disabled people. However these are not general systems for protecting the weak inheritor. A system should be systematized to protect the weak inheritor during the process of will. If that is difficult, a new legal system should be established. Subsequent heir is a good example.