Single Aunt Who Raised Nephew Passed Away After Adopting Him as an Adult
Relatives File Lawsuit to Invalidate Adoption...
"Adoption Likely Valid Due to Sound Mind"
The story has emerged of a nephew who, after caring for his aunt during her illness for 15 years and being adopted by her, became embroiled in a lawsuit with relatives following her passing.
On December 19, YTN Radio's "Attorney Inseop Cho's Counseling Center" featured the story of Mr. A, a man in his 50s with a wife and two high school-aged daughters. He began, "Not long ago, my aunt passed away from stomach cancer after a long 15-year battle with illness," adding, "My aunt was a very special person to me." Mr. A explained, "My father passed away when I was in high school, and my mother remarried. It was my aunt who raised me. She never married, devoted her life to teaching, and cared for me as if I were her own child."
He continued, "When my aunt began to fall ill, my family naturally stayed by her side. We lived near her home and took her to the hospital. My wife prepared her meals every day, and my daughters cared for her like a grandmother." As her condition worsened, Mr. A's aunt once held his hand tightly and said, "Now that I am old, I feel like I am only burdening your family. I want to formally adopt you as my son and leave you all my assets. I also want to give an officetel to each of my granddaughters, who will soon enter college, so they can have a place to live."
Mr. A said, "At first, I declined, but in the end, I honored my aunt's earnest request. At the time, her health was deteriorating rapidly, so I had no choice but to handle the adoption paperwork and registration myself." He added, "However, my aunt personally signed all the documents and was fully lucid. I simply fulfilled her final wish. But as soon as her funeral was over, unexpected conflicts began."
Suddenly, relatives who had not been in contact for a long time-including his eldest uncle, younger uncle, and youngest aunt-showed up and claimed, "This adoption is invalid. Therefore, the gifts are also invalid." Mr. A sought advice, saying, "I want to honor the final wish of my aunt, who devoted her life to raising me. Will the law side with our family, who did everything with sincerity?"
In response, attorney Park Seona of Law Firm Shinsegye-ro explained, "According to Article 867 of the Civil Act, adult adoption is valid if there is genuine agreement between both parties and a lawful registration. Since your aunt clearly expressed her intention to adopt, personally signed the documents, and was of sound mind, the fact that the adoption took place shortly before her death does not, by itself, render it invalid."
She added, "Even if you handled the adoption registration alone, as long as your aunt's intentions were clear, there is no legal issue. If the adoption is recognized as valid, you become the sole direct heir, and the other siblings cannot claim inheritance." She also noted that if the officetel gifted to Mr. A's children was transferred through a lifetime gift contract and the ownership registration was completed, the gift would also be valid.
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