A child who neglected a parent for years still inherits by law in Korea. The way to stop that is a declaration of forfeiture under Civil Act Article 1004-2 (added 20 September 2024). The grounds: a would-be heir seriously breached the duty to support the deceased, or committed a serious crime against, or grossly mistreated, the deceased or their family. The deceased can express it in a will by notarial deed; without one, co-heirs can apply to the family court within six months of learning that the person became an heir.
1. Two grounds — serious breach of the duty to support; serious crime or gross mistreatment (paras. 1, 3).
2. With a notarial will the executor applies; without one, co-heirs apply within six months of learning.
3. Once final, the right is lost back to the opening of succession (para. 6) — learned on 21 October 2026: apply by 21 April 2027.
Checker
Updates as you type. Six months counted like the Civil Act’s period rules, first day excluded, weekends moved; check public holidays yourself. Whether the court grants it depends on all the circumstances (para. 5).
Article 1004-2
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Para. (1) | Where a would-be heir (1) seriously breached the duty to support the deceased, or (2) committed a serious crime (other than Art. 1004 cases) against, or grossly mistreated, the deceased, their spouse or lineal relatives, the deceased may declare forfeiture by a will by notarial deed under Art. 1068; the executor must then apply to the family court | Amended 17 Mar 2026 |
| Para. (2) | The person to forfeit cannot be executor | — |
| Para. (3) | Without such a will, co-heirs may apply within six months of learning the person became heir, on grounds of (1) serious breach of support, or (2) serious crime or gross mistreatment of the deceased | Item 2 says “of the deceased” |
| Para. (4) | If no co-heir can apply, or all have grounds against them, the person who would inherit once forfeiture is final may apply | Next in line |
| Paras. (5), (6) | The court weighs all the circumstances — how and how badly, the relationship, the size and making of the estate — and may grant or dismiss. Once final, the right is lost back to the opening of succession, without harming third parties’ rights acquired before | — |
The grounds differ slightly. In a will, the victims of a crime or mistreatment include the deceased’s spouse and lineal relatives; for co-heirs’ applications (para. 3 item 2) the text says only “the deceased”. Paragraph 4 sets no period of its own, so the checker shows paragraph 3’s six months as well (our reading).
Three checks — our example
| Case (our example) | Result | Worth noting (ours) |
|---|---|---|
| A child out of contact for 20 years; no will; a sibling learned on 21 October 2026 | Apply by 21 April 2027 | Whether it is “serious” is for the court |
| Father left a notarial will declaring forfeiture | The executor must apply | The person can’t be executor |
| Only a handwritten note | Not the para. 1 will | Para. 1 requires an Art. 1068 notarial will |
Once declared, the person is treated as never having been an heir, and their place goes by representation (Art. 1001) or to the other co-heirs. Article 1001, fully revised on 17 March 2026, says the descendants of someone who failed to become heir under Article 1004-2 inherit in their place.
A reserved share belongs to heirs, so losing heirship reads as ending a reserved-share claim too (our reading). The share itself is in reserved share calculator; filing deadlines in renunciation deadline calculator.
Checklist
- ☐ Is it a serious breach of support, or a serious crime or gross mistreatment?
- ☐ If planning ahead, a notarial will (Art. 1068)
- ☐ No will: note the date you learned and apply within six months
- ☐ Evidence of the years without support
Questions that remain
How is this different from disqualification under Article 1004?
Article 1004 bars heirs outright for set grounds such as intentional killing or forging a will. Article 1004-2 needs an application and a court declaration, and the court may refuse.
What if the estate was already divided?
Paragraph 6’s proviso protects third parties’ rights acquired before the declaration; settling things among heirs we didn’t cover.
Sources
- Korean law database (law.go.kr) — Civil Act Arts. 1000, 1001, 1004, 1004-2 — source (current text, effective 17 March 2026, Act No. 21454; checked 21 October 2026). Order of heirs, representation (fully revised 17 March 2026), disqualification, forfeiture (added 20 September 2024, amended 17 March 2026): grounds, routes, six months, the court’s weighing, retroactive effect, estate administrator.
- Not read. Art. 1068 notarial will formalities, case law, transitional provisions.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- A notary office — notarial wills.
- The family court or Korea Legal Aid Corporation — applying.
Written on 21 October 2026. The content is from the source; the glosses are ours.
