Loss of Inheritance Rights for Parents Who Violate ⁣Child Support Obligations

The National Assembly has passed⁢ a revision to the Civil Code, introducing a system of loss of inheritance ‌rights ‌for parents who seriously violate their child support obligations. This ⁢new law, also known as the Goo‌ Hara Act, aims ‍to prevent parents who neglect their children from inheriting their property.

Conditions ⁢for Loss of⁢ Inheritance Rights

The heir may ⁤express their intention​ to lose ⁢the right of inheritance through a notarized will if the lineal ascendant:

• seriously violates the duty of support to the deceased;
• commits⁤ a serious criminal act against the deceased, the spouse, or the⁢ lineal‌ descendant of⁤ the deceased; or
• treats the ‌deceased, the ⁣spouse, or the lineal descendant⁣ of the deceased in any ⁤other extremely unfair manner.

Filing a Claim for Loss of Inheritance Rights

If there⁣ is⁤ a will from the deceased, the executor must file‌ a claim ‍for​ loss of inheritance rights with the family court. If there is no will, a ⁢joint heir may file a claim for⁣ loss of ‍inheritance rights with the family court⁣ within‍ 6 months ⁣from the date of learning‌ that the lineal ascendant of the deceased has become the heir.

Considerations for the Family Court

The ‌family court will comprehensively⁣ consider the circumstances ⁣and degree⁤ of the reason for loss of inheritance rights, the relationship between the heir ⁢and the deceased, the size and ⁣formation process ⁤of the ​inheritance property, and other circumstances when deciding whether to accept or⁣ reject the claim.

Consequences of Loss of Inheritance Rights

An heir who has been declared to have lost the ⁢right of inheritance will lose the right of inheritance retroactively from the time the inheritance was opened. However, this ​will not infringe on the rights of​ third parties acquired before the determination.

Implementation of the Revised Law

The revised law will take effect on January 1,​ 2026, and will apply to cases where inheritances are initiated after April 25, the⁤ date of the unconstitutionality ruling. This new law⁤ aims to address the reckless behavior of some parents and ensure that children are protected⁢ and supported.