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| TITLE | Supreme Court en banc Order 2014Seu44, 45 Dated November 21, 2019【Division of Inherited Property; Division of Inherited Property】 [full Text] |
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| Summary | |
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[1] In a case where an inheritee’s spouse cohabited with and nursed the said inheritee for an extended duration, whether the said spouse has a legitimate claim for a contributory portion of an inheritance pursuant to Article 1008-2 of the Civil Act, and the standard for determining the scope thereof [2] In the case where: (a) Party C (inheritor), etc., the children of Party A (inheritee) and Party B (Party A’s ex-wife), filed a claim for division of inherited property against Party E (inheritor), etc., the children of Party A and Party D (Party A’s second wife); (b) alleging that she cohabited with Party A for an extended duration and nursed Party A until his death, Party D filed a claim against Party C, etc. for determination of a contributory portion, the case holding that there is no error on the part of the lower court in dismissing Party D’s claim for determination of a contributory portion on the grounds that Party D neither provided special support for Party A beyond what is generally expected of a spouse to an extent that an adjustment of the statutory share in inheritance is necessary to ensure substantive equity among co-inheritors nor made a significant contribution to the maintenance and increase of Party A’s wealth by misapprehending the legal doctrine regarding the requirements for recognizing one’s contributory portion to an inheritance under Article 1008-2 of the Civil Act |
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