Living abroad when a family member dies with ties to Korea? Jurisdiction vs applicable law, the three-month option window and documents—through a fictional webtoon.
Dad’s gone. I’m abroad. Do I have to fly to Korea? A fictional overseas Korean daughter asks the questions most families ask first. Read the ten-panel story, then watch the short video below. AI-assisted fictional educational content—not an actual case, client success story or individual legal advice. Illustrated webtoon scenes and characters are fictional; all voices are synthetic and are not
attorney Han Seungbeom’s real voice. Outcomes depend on the facts and applicable law. Webtoon & Animation: Dad’s Gone. I’m Abroad. Do I Have to Fly to Korea? 1. Make a family and estate fact sheet Record the death date, when you learned of it, and when you understood that you were an heir. Record the deceased’s nationality at death and habitual residence—the place where life was ordinarily
centred, not merely a mailing address. List possible heirs, ages, addresses, citizenship details and name changes. Preserve the will or information about its location. These facts help legal assessment; they do not alone establish your share. 2. Separate jurisdiction from applicable law Which court may hear an inheritance matter? Article76(1) of Korea’s Act on Private International Law provides
Korean international jurisdiction where the deceased’s habitual residence was Korea at death. The fallback covers absent/unknown habitual residence where the last habitual residence was Korea. It also provides jurisdiction where inherited property is in Korea, except where its value is considerably low. Agreements, minors/guardianship, the precise claim, other jurisdiction provisions and parallel
proceedings need separate review. This is not a statement that Korea exclusively controls all worldwide assets.[1] Which law governs inheritance? Article77(1) generally points to the deceased’s national law at death—not the heir’s nationality. Article77(2) permits specified express choices made in a form applicable to a will: habitual-residence law at designation if that residence continued until
death, or the property-location law for inheritance of immovable property. It does not allow any law to be selected casually.[1] Multiple nationalities, countries with regional laws, renvoi, will formalities and other applicable-law provisions can complicate the answer. Korean land-registration/property-right rules must also be distinguished from succession law. Tell the adviser about foreign