When someone dies leaving property in Korea, or a foreign national dies here, two questions come before anything else: can a Korean court deal with it, and which country’s law decides who inherits. What a will can change, and where estate disputes meet creditors.
Quick answer: A Korean court can hear an inheritance case where the deceased habitually lived in Korea at the time of death, or where there is property in Korea that is not of very small value. The inheritance itself is generally governed by the law of the deceased’s nationality at death, for land and money alike. A will can change that in two limited ways, and a will’s form is valid if it satisfies any one of several laws.
Key points
- Korean courts can hear the case if the deceased’s habitual residence was in Korea at death, or if there is property in Korea of more than trivial value (Act on Private International Law, Article 76).
- Inheritance follows the deceased’s national law at death, for all assets together (Article 77(1)).
- By an express choice made in the form of a will, the deceased can instead choose the law of their habitual residence, or for real estate the law of where it is (Article 77(2)).
- A will is formally valid if it complies with the law of the testator’s nationality, habitual residence, the place it was made or, for real estate, the place of the property (Article 78(3)).
- Where the national law refers back to Korean law, Korean law applies, but not for the form of a will (Article 22).
When a Korean court can hear an inheritance case
Article 76(1) of the Act on Private International Law gives Korean courts international jurisdiction over inheritance and will cases in two situations. Nationality is not one of them: what counts is where the deceased lived and where the property is.
| Ground | What it means |
|---|---|
| Habitual residence of the deceased | The deceased’s habitual residence was in Korea at the time of death. This includes the case where they had no habitual residence anywhere, or it cannot be identified, and their last habitual residence was in Korea |
| Property in Korea | There is inherited property in Korea, unless its value is very small |
Heirs sometimes try to agree on a court in advance. Article 76(2) limits that: an agreement on jurisdiction has no effect where a party is a minor or under guardianship, or where the chosen country has no connection, or only a slight connection, with the case.
Which country’s law decides who inherits
Article 77(1) states the rule: inheritance is governed by the national law of the deceased at the time of death. Korea applies one law to the whole estate, so real estate in Korea and a bank account abroad are inherited under the same law rather than split between the laws of each place.
Law governing inheritanceAct on Private International Law, Article 77National law at death
Inheritance is governed by the national law of the deceased at the time of death.
Where the deceased expressly chose, in a form that applies to wills, either the law of their habitual residence at the time of the choice (effective only if they kept that habitual residence until death) or, for inheritance of real estate, the law of the place where the property is, that chosen law applies instead.
In plain EnglishFor a foreign national, the starting point is usually their own country’s inheritance law, even for an apartment in Seoul. A will is the only way to change that, and only within these two options.
There is one more step. Under Article 22(1), where Korean rules point to a foreign law, but that country’s own rules say Korean law should apply, Korean law is applied. Whether that happens depends on the private international law of the deceased’s country, which has to be checked case by case.
Choosing the law in a will
A choice of law has to be made expressly and in the form that applies to wills (Article 77(2)). Two options exist, and each has its own condition.
| Option | Condition |
|---|---|
| The law of the habitual residence at the time of the choice | Effective only if the deceased kept their habitual residence in that country until death |
| For real estate, the law of the place where it is | Applies to the inheritance of that real estate |
A foreign resident who chooses Korean law as the law of their habitual residence, and later moves away and dies abroad, loses the effect of that choice. If Korean real estate is the main concern, choosing the law of the place where the property is may be the more stable option.
Wills: which law decides whether they are valid
Article 78 separates the content of a will from its form. Whether a will is valid in substance, and its effect, follows the testator’s national law at the time the will was made. Changing or revoking a will follows the testator’s national law at the time of that change or revocation (Article 78(1) and (2)).
The form is treated generously, so that a will is not lost on a technicality. Under Article 78(3) the form is valid if it complies with any one of these laws:
| Connecting point | Law |
|---|---|
| Nationality | The law of a country of which the testator was a national when making the will or at death |
| Habitual residence | The law of the testator’s habitual residence when making the will or at death |
| Place made | The law of the place where the will was made |
| Real estate | For a will about real estate, the law of the place where the property is |
The referral rule in Article 22(1) does not apply to the form of a will (Article 22(2)(4)). The form is checked directly against the laws listed above.
Dividing the estate, and the heirs’ creditors
Where there are several heirs, they often agree how to divide the estate. Korean courts treat that agreement as a legal act concerning property rights, so it can be challenged by an heir’s creditors as a fraudulent act. If an heir who owes money agrees to take less than their statutory share, the courts see that as giving away part of their share for nothing, which their creditors can ask the court to set aside.
An agreement among family members, signed abroad and meant to keep property in one person’s name, can still be reopened in Korea if one of the heirs has creditors. Check each heir’s position before the agreement is signed.
Documents that usually matter
- Proof of death, and of the deceased’s nationality and last habitual residence
- Documents showing family relationships, with translations
- Any will, and how and where it was made
- A list of property in Korea: real estate registers, bank and securities accounts
- Any debts or guarantees of the deceased
- Documents issued abroad, with apostille or consular legalisation where required
When a lawyer becomes useful
Help is most useful before anything is signed or registered: when deciding whether a Korean court can deal with the estate, when the deceased’s national law has to be established, when a will made abroad needs to be relied on in Korea, or when heirs are about to agree on a division.
Frequently asked questions
My parent was a foreign national who lived in Korea. Will Korean law decide the inheritance?
Not automatically. The starting point is the law of their nationality at death. Korean law applies if they validly chose it in a will, or if their own country’s rules refer back to Korean law.
Can a will made abroad be used in Korea?
Its form is valid if it complies with any of the laws listed in Article 78(3), including the law of the place where it was made. Whether its content is valid is a separate question, decided by the testator’s national law at the time the will was made.
There is a flat in Korea but the deceased lived abroad. Can a Korean court still hear the case?
Yes, where there is property in Korea, unless its value is very small (Article 76(1)).
This article is general information about Korean private international law and inheritance, and is not legal advice. Outcomes depend on the facts and on the foreign law involved, and statutory provisions are subject to amendment.
Related guides
Inheritance
Discuss an inheritance in Korea
In a first consultation we look at:
- whether a Korean court can deal with the estate
- which country’s law decides who inherits, and what a will changes
- dividing the estate safely when an heir has debts
A consultation is not a commitment. If you need representation, we explain what it would involve and what it would cost before you decide.
Please do not send documents or evidence through the form. We arrange a secure channel once we take the matter on.