"Parents Who Abandoned Their Children Cannot Receive Statutory Reserve Shares"...Petition for Forfeiture of Inheritance Rights Reaches Critical Point on September 16 [Living Legal S]

As disputes continue to occur when parents who abandoned their children in their youth reappear after their children's deaths to demand inheritance shares, a critical juncture is approaching for the "Declaration of Forfeiture of Inheritance Rights" system, which can strip such parents of even their statutory reserve shares. Parties who have been embroiled in inheritance disputes before the amended Civil Code took effect must file a petition with the Family Court by the 16th to receive protection under this system.

The previous Civil Code narrowly defined grounds for disinheritance, resulting in a problem where family members who had been out of contact for decades were guaranteed both inheritance shares and statutory reserve shares. After the death of singer Gu Ha-ra in 2019, her biological mother appeared after more than 20 years and claimed an inheritance share, causing public outcry. The Constitutional Court ruled on April 25, 2024, that provisions of the Civil Code that did not establish grounds for loss of statutory reserve shares for unfilial heirs were unconstitutional.

Consequently, the newly enacted Civil Code Article 1004-2, the so-called "Gu Ha-ra Law," took effect on January 1 this year. Attorney Um Jung-suk of Law Dome Comprehensive Law Offices explained, "The amended Civil Code Article 1004-2 allows the Family Court to declare the forfeiture of inheritance rights for heirs who have seriously violated their duty to support the deceased or subjected them to abuse or other grossly improper treatment. If inheritance rights are forfeited, heirs lose not only their inheritance shares but also their statutory reserve shares, making it impossible to claim even the minimum share through a statutory reserve reclamation suit."

◇ Both Inheritance Shares and Statutory Reserve Shares Are Lost
The case of the survivors of B, who passed away early in life, illustrates this. B was raised solely by his father, while his biological mother left home over 20 years ago and never sent any child support. However, when B died in an accident, his biological mother appeared and demanded her legal inheritance share. Under the previous law, the biological mother would have maintained her status as an heir, but now there is an opportunity for the father and other co-heirs to contest by filing a petition with the Family Court for the forfeiture of the biological mother's inheritance rights.

The new system applies to inheritances commenced after April 25, 2024, the date of the Constitutional Court's decision. Inheritance rights do not automatically disappear; they are only effectuated when the Family Court declares forfeiture pursuant to the testament of the deceased or a petition by co-heirs. An heir whose inheritance rights are declared forfeited assumes the same status as if they had never been an heir from the beginning, losing both inheritance shares and statutory reserve shares. The amended law also restricted the substitutional inheritance whereby the spouse of a person who forfeited inheritance rights inherits in their place.

◇ Existing Dispute Parties Have Until September 16
The timeline is noteworthy. On June 25, the Supreme Court determined that the amended Civil Code should be applied to statutory reserve litigation that was pending in court at the time of the Constitutional Court's decision, and stated that co-heirs who learned of grounds for forfeiture of inheritance rights before the amended law took effect must file a petition with the Family Court for forfeiture of inheritance rights by September 16. This is the de facto final deadline given to existing dispute parties.

The critical issue is proof. Since the petitioning party must prove that the violation of the duty to support was at a "serious" level, it is necessary to organize details of unpaid child support, periods of lost contact, family relationship records, statements from third parties, and other evidence. Until a declaration is made, the status of the other party as an heir remains, so it is also necessary to consider preservation measures to ensure that inherited property is not disposed of during this period.

Attorney Um emphasized, "As the inheritance rights forfeiture system takes effect, the nature of statutory reserve disputes is also expanding to a stage where the heir status itself is contested. For disputes involving unfilial heirs, it is advisable to first consider filing a petition for forfeiture of inheritance rights, promptly secure materials to prove facts of abandonment of support, and then develop a strategy linking this with statutory reserve and inherited property division disputes."

Meanwhile, in its 2024 decision, the Constitutional Court declared the statutory reserve shares of siblings (former Civil Code Article 1112, Item 4) simply unconstitutional, and that provision immediately lost effect. The provision that did not reflect the contribution of heirs who supported the deceased or contributed to property formation in statutory reserve shares also received a ruling of unconstitutionality. The statutory reserve system, introduced in 1977, is undergoing a complete restructuring for the first time in 50 years.