When a Family Member Who Never Kept in Touch Demands an Inheritance

A person who falls under Civil Act (민법) Article 1004, such as someone who tried to kill the deceased or forged or hid a will, automatically cannot be an heir, without any court ruling. These grounds are limited to those listed in the law, so abandoning a child's upbringing or cutting off contact does not by itself lead to disqualification (상속결격).

The declaration of loss of inheritance rights (상속권 상실 선고) was created to fill that gap. An heir who seriously breached the duty of support, or committed a serious crime against or grossly unjust treatment of the deceased, loses inheritance rights when the family court makes the declaration. It took effect on January 1, 2026, and since the amendment of March 17, 2026, it applies to all heirs, including children and spouses, not just parents.

If the deceased expressed the wish, in a notarized will made during their lifetime, that an heir should lose inheritance rights, the executor must file with the family court. In that case, serious crimes or unjust treatment against the deceased's spouse or lineal blood relatives are also grounds.

If there was no will, a co-heir can file within 6 months from the day they learned that the person became an heir. If there is no co-heir to file, or all of them have such grounds against them, the person who would become an heir once the declaration becomes final files. Six months is short and easily slips by in the busy period after a funeral.

The period is counted not from the date of death but from the day you learned that the person became an heir. Usually you learn this while checking the family relationships right after the death, so it is safest to treat the 6 months as running from around the date of death and act quickly.

The court decides whether to grant the petition by looking at all the circumstances, including how the grounds arose and how serious they were, the relationship between the heir and the deceased, and the size of the estate and how it was built up. A bad relationship or a few years without contact is not enough; you need concrete facts, such as leaving a minor child and never paying child support, or ignoring the deceased throughout a long illness and leaving all the care and costs to other family members.

Evidence includes divorce judgments and child support orders, records of unpaid child support, school and hospital records showing who was listed as guardian, records of contact and visits during the illness, and investigation or trial records of violence or abuse.

Even if the petition is not granted, gifts that person received during the deceased's lifetime, or support that other family members took on, can still be argued in the division of the estate as special benefits or contribution shares.

If the declaration becomes final after the inheritance began, the person loses inheritance rights back to the time the inheritance began, and also loses the forced heirship share (유류분). However, rights acquired by third parties before it became final are not affected. The lineal descendants of the person who lost the rights inherit by representation (대습상속), but that person's spouse does not.

Once a petition is filed, the court can, at the request of an interested party, appoint an administrator of the estate or order measures needed to preserve the property. If there is a risk that the other side will withdraw deposits or dispose of real estate in the meantime, apply for this at the same time.

Money paid under specific laws or contracts rather than as part of the estate, such as the National Pension survivor pension or death insurance, may be handled separately from the loss of inheritance rights, so check the payment rules of each body separately.

Because the court weighs many circumstances together, materials organized in chronological order make the case far more persuasive.

• Changes in family relationships shown in family relationship certificates and marriage certificates
• Divorce judgments or agreements, child support orders and records of non-payment
• School and hospital records showing who your guardian was in childhood
• Hospital records from the period of illness and materials showing who provided the care and paid the costs
• Messages or call records showing attempts at contact that went unanswered
• Copies of any investigation or trial records concerning violence or abuse

Jisan Law first confirms the day you learned that the other person became an heir to calculate the 6-month deadline, organizes the records of upbringing and support year by year, and prepares the petition. We also consider whether measures to preserve the estate are needed. If the deadline is close, contact us first through the chat on this page.