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Civil Act — Article 1004-2 (Declaration of forfeiture of inheritance rights)

민법 제1004조의2

(1) Where a person who is to become an inheritor falls under any of the following subparagraphs, the inheritee may express his or her intention to forfeit such person's inheritance rights by will made by notarial deed under Article 1068. In such cases, the executor of the will shall file a claim with the family court for forfeiture of the inheritance rights of such person: <Amended on Mar. 17, 2026>

1. Where he or she has materially violated the duty to support the inheritee;

2. Where he or she has committed a serious criminal act against the inheritee, the inheritee's spouse, or a lineal blood relative of the inheritee (excluding cases referred to in Article 1004), or otherwise treated any such person in a grossly unfair manner.

(2) A person subject to forfeiture of inheritance rights pursuant to the will referred to in paragraph (1) may not become an executor of the will.

(3) Where there is no will under paragraph (1), a co-inheritor may file a claim with the family court for forfeiture of inheritance rights of a person having any of the following grounds within 6 months from the date on which the co-inheritor became aware that such person became an inheritor: <Amended on Mar. 17, 2026>

1. Where he or she has materially violated the duty to support the inheritee;

2. Where he or she has committed a serious criminal act against the inheritee (excluding cases referred to in Article 1004), or otherwise treated the inheritee in a grossly unfair manner.

(4) If there is no co-inheritor entitled to file a claim under paragraph (3), or where all co-inheritors have any ground referred to in any subparagraph of paragraph (3), a person who is to become an inheritor upon final and conclusive declaration of forfeiture of inheritance rights may file such claim.

(5) The family court may grant or dismiss a claim under paragraph (1), (3), or (4), after comprehensively taking into account the background and severity of the grounds constituting the basis for the claim for forfeiture of inheritance rights, the relationship between the inheritor and the inheritee, the scale and formation process of the inherited property, and other relevant circumstances.

(6) Where a declaration of forfeiture of inheritance rights becomes final and conclusive after the commencement of inheritance, the person subject to such declaration shall lose inheritance rights retroactively from the time inheritance commenced; provided, this shall not prejudice the rights of a third party acquired before such declaration became final and conclusive.

(7) Where the family court receives a claim for forfeiture of inheritance rights under paragraph (1), (3), or (4), it may, upon request of an interested person or a public prosecutor, appoint an administrator of inherited property or order any other disposition necessary for the preservation and administration of inherited property.

(8) Where the family court appoints an administrator of inherited property pursuant to paragraph (7), Articles 24 through 26 shall apply mutatis mutandis to the duties, authority, provision of security, remuneration, etc. of the administrator of inherited property.[This Article Added on Sep. 20, 2024]

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