TRUST LEGAL
We provide high-quality, premium legal services that meticulously analyze the unique circumstances
and needs of entrepreneurs, high-net-worth individuals, and their families,
combining our accumulated experience with in-depth research.
We resolve a wide range of legal issues related to inheritance,
including estate division, statutory shares, wills, restoration of
inheritance rights, limited acceptance of inheritance, and renunciation of inheritance. Since inheritance involves both the transfer of
assets and family relationships, we analyze both
the asset structure and the potential for disputes.
Inheritance trusts, testamentary substitute trusts, beneficiary
succession trusts, guardianship trusts, and more We provide
legal services related to trusts necessary for the transfer and
management of assets. We thoroughly review the legal stability
of the trust structure, beneficiary rights, tax issues,
and the potential for future disputes.
We provide legal services for a wide range of
family law matters, including divorce,
property division, alimony, child custody,
guardianship, paternity, adoption, and termination of adoption.
We carefully consider our clients’ emotions and
life circumstances alongside our legal judgment.
We provide legal services utilizing guardianship
systems and trust structures for individuals
who require assistance with asset management and decision-making due to diminished mental capacity, illness, or advanced age. We design solutions that respect the wishes of the elderly
while helping to prevent disputes among family members.
By combining inter vivos gifts, wills, testamentary trusts,
insurance, and tax strategies, we design asset transfer
structures that align with our clients’ wishes.
We go beyond simple distribution to take into account family relationships, tax burdens,
and the potential for disputes.
We develop optimal strategies to efficiently manage the assets of individuals and families and ensure their safe transfer to future generations, while also providing reasonable resolutions to various legal disputes that may arise during the inheritance and gifting process. Starting with the design of inheritance plans, we offer comprehensive solutions for all matters related to inheritance and gifting, including the resolution of inheritance disputes and the associated tax issues. In particular, Managing Partner Kim Sang-hoon is highly regarded globally in this field, having been ranked Band 1 (top tier) in the Private Wealth Law category by Chambers & Partners, a leading global law firm ranking agency based in the UK.
Claims for Restoration of Inheritance
Petitions for Division of Inherited Property
Claims for Return of Statutory Share
Lawsuits to Declare a Will or Gift Invalid
International Inheritance and Gifting
Drafting of Wills and Substitute Trust Agreements
Applications for Limited Acceptance or Renunciation of Inheritance
Business Succession
Estate Planning
Representation in Tax Audits Related to Inheritance and Gifts
Lawsuits to Revoke Inheritance and Gift Tax Assessment Decisions
In a lawsuit seeking to invalidate the will left by the chairman of N Group regarding shares worth 80 billion won, we successfully secured a ruling affirming the validity of the will on behalf of the chairman’s wife and a foundation.
In a lawsuit seeking a declaration of invalidity regarding a living trust established with H Bank as the trustee, we successfully secured a ruling affirming the validity of the trust on behalf of H Bank. This ruling marks the first case in Korea involving a living trust.
Secured the first ruling in Korea holding that assets placed in a living trust are not subject to the statutory share of inheritance (won at both the first and second instance courts; the judgment became final after the opposing party waived its right to appeal).
Represented a U.S. citizen child in a lawsuit regarding the division of inheritance and the return of statutory share of an estate worth 50 billion won in Korea left by a U.S. citizen father upon his death, successfully concluding the case. Following the conclusion, provided one-stop services including real estate registration, inheritance tax filing, and the overseas transfer of financial assets.
Represented a child residing in Korea in a statutory share claim case involving a will drafted by a U.S. permanent resident father who bequeathed all his assets (in Korea and the U.S.) to his child residing in the U.S.
A lawsuit to invalidate the will left by the chairman of N Hotel regarding the management rights and ownership of N Hotel.
Advising on the inheritance of assets in Korea by U.S. citizens.
Advising on business succession for D Pharmaceutical and T Construction.
Handled the gifting and inheritance of a hotel worth 60 billion won in Hawaii, owned by a Korean national, to his Korean children.
Provided advice on inheritance and wills in a dispute regarding management succession at L Group
Secured a reversal of a Supreme Court plenary session precedent, establishing that the eldest child—regardless of gender—is the primary presider of ancestral rites. This ruling enabled women to become presiders of ancestral rites and inherit ancestral property exclusively.
Secured a Supreme Court ruling overturning a lower court decision and remanding the case, establishing that funeral savings are not part of the estate but rather the exclusive property of the bereaved family. This ruling was the first case to clarify the legal nature of funeral savings.
In Korea, trusts have traditionally been used primarily in the construction, real estate, and financial sectors. However, following the comprehensive revision of the Trust Act in 2011, the potential for utilizing trusts as a new means of asset succession has significantly increased. At Trust Law Firm, we assess each client’s specific circumstances and needs, and propose optimal estate planning solutions by leveraging inheritance trust systems, such as testamentary trusts. Furthermore, we handle tax advisory and litigation matters that may arise during the establishment, operation, and termination of inheritance trusts.
Lawsuit to Declare a Substitute Will Trust Invalid (Korea’s first ruling on substitute will trusts)
Lawsuit for the Return of the Statutory Share of Property Entrusted to a Substitute Will Trust (Korea’s first ruling on substitute will trusts and statutory shares)
Action to Revoke the Assessment of Acquisition Tax on a Successor Beneficiary in a Case Where the Trustee Disposed of Property Entrusted to a Substitute Testamentary Trust and Delivered the Proceeds to the Successor Beneficiary
Advising Hana Bank on the Development of Various Trust Products
Trust-related advisory services for numerous trust companies, including Nonghyup Bank, Shinhan Bank, and Hana Bank; drafting and reviewing trust agreements; and providing trust training to executives and employees
Advisory services regarding Korean real estate trusts for wealthy Chinese individuals
Trust advisory services for a U.S. citizen residing in Korea regarding property owned in the United States
Advisory services regarding testamentary trusts for property owned in Korea by a U.S. permanent resident
Because family disputes involve conflicts among family members, they are not limited to mere financial matters but often entail significant emotional strain and exhaustion. We serve as a trusted partner for clients who are physically and mentally exhausted by family disputes, offering the most desirable solution as quickly as possible. Throughout this process, we strive to walk alongside our clients as a counselor and companion, actively guiding them to achieve satisfactory results.
Divorce, Alimony, and Property Division Claims Against the CEO of H Group
Divorce and Property Division Claims Between a U.S. Citizen Husband and a South Korean Wife
Divorce and Property Division Claims Between a South Korean Husband and a Japanese Wife
Celebrity C’s Petition for Declaration of Non-Paternity
Adoption Case Involving a South Korean Child Adopted by Foreign Adoptive Parents
Guardianship case for the Chairman of S Chemical
Estate division case following the death of the CEO of S Industries
Advisory services regarding the resolution of family disputes surrounding the divorce and inheritance of the Chairman of P Corporation
We provide tax advisory services and handle tax litigation related to corporate management activities such as various investment projects and trade transactions, as well as international tax services arising from cross-border transactions. Drawing on our extensive experience in tax issues related to inheritance and gifts involving the assets of business owners, high-net-worth individuals, and their families, we develop legal tax planning strategies for inheritance and gift taxes, We provide comprehensive tax legal services, including responding to inheritance and gift tax audits, responding to tax audits regarding stock transfers and sources of funds, responding to corporate tax audits, obtaining authoritative interpretations from the National Tax Service and the Ministry of Economy and Finance, and handling tax appeals (objections, requests for review, and appeals to the Tax Tribunal) and tax litigation.
Successful representation in tax audits regarding inheritance tax, gift tax, and source-of-funds verification for media company owners and others
Represented the owner of Group D in filing an inheritance tax return
Successful representation in tax audits for affiliates of Group S, Group P, and Group H, as well as H Real Estate Development
Won tax appeal cases for H Construction, D Industries, K Bank, H Company, D Heavy Industries, D Korea, and S Shipping
Handled cases involving the rejection of a reassessment request by the Lone Star Fund, the cancellation of a permanent establishment tax assessment, and a claim for the return of unjust enrichment
Today’s insurance products are no longer limited to their traditional function of providing financial security for surviving family members in the event of the breadwinner’s death; they have expanded to include functions such as providing inheritance funds, tax savings, and retirement savings for business executives. Trinity Law Firm offers a wide range of estate planning services that leverage not only our existing areas of expertise—inheritance and trust systems—but also these insurance systems. Meanwhile, while clients expect psychological peace of mind and asset growth through insurance, numerous disputes arise when product details are misrepresented during the application process or when expected insurance benefits are unjustly withheld. Trinity Law Firm protects our clients’ interests by offering differentiated solutions based on the expertise of attorneys with backgrounds in insurance company legal departments. Furthermore, we provide practice-based services for various disputes arising among participants in the insurance industry, including insurance planners, insurance agencies, and insurance companies.
Lawsuit filed by the heirs of a prominent politician who committed suicide, seeking payment of accidental death insurance benefits
A case in which 10 domestic insurance companies refused to pay death benefits, arguing that the insurance contracts were invalid, regarding a businessman who committed suicide after entering into multiple insurance contracts within a short period due to deteriorating business conditions
A case in which a claim for damages was filed against an insurance company regarding the mis-selling of multiple insurance policies to a family of business executives seeking to purchase insurance for asset succession purposes
A dispute among heirs over annuity insurance benefits resulting from a beneficiary change that violated the policy terms
A case involving an insurance company’s failure to grant solicitation qualifications (Code Blocking) and non-payment of commissions to exclusive agents who moved to an agency
A lawsuit claiming cancer insurance benefits for a borderline tumor
Representation in response to a comprehensive inspection by the Financial Supervisory Service of S Life Insurance
Process of converting exclusive agencies to non-exclusive agencies through mergers between insurance agencies
A case in which we successfully claimed the invalidity of a group insurance contract covering employees of a mid-sized domestic company and recovered premiums paid over several years
