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.