Hello, I am Attorney Kim Kwang-sik of Cheongchul Law Firm.

As we welcome the New Year of 2026, one of the biggest changes in family and inheritance law is the full implementation of the so-called 'Gu Ha-ra Law', which is the 'system for the loss of inheritance rights of direct descendants'. Until now, our civil law has only deprived inheritance rights in extreme criminal acts, such as killing the deceased or forging a will. However, now it is possible to lose inheritance rights through court judgments if a direct descendant (mainly parents) of the deceased seriously violates the obligation to support their minor children or commits serious criminal acts or seriously unfair treatment against the deceased, their spouse, or their direct descendants.

In this article, I would like to examine how this system, established after a long period of social discussion, will be applied in practice regarding inheritance, and what criteria the courts will use to determine 'serious violations of support obligations'.

[Question]

What are the key points of the 'inheritance rights loss system' under the amended civil law that will take effect from January 2026, and what are the specific criteria for serious violations of support obligations determined by the courts?

[Answer]

1.  Major Change: From Blood Ties to 'Responsibilities and Duties'

In the past, Article 1004 of our civil law only recognized the disqualifications for inheritance in a very limited manner. As a result, even if parents effectively abandoned or failed to properly fulfill their obligations to support and raise the deceased while they were a minor, an unreasonable situation persisted whereby they could receive all the inherited property simply because they were a direct descendant at the time of the child's death.

The key aspect of this amended civil law is the establishment of the 'claim for loss of inheritance rights' which allows for the exclusion of an inheritor who is a direct descendant of the deceased from their legal rights if they seriously violate the expectations and trust regarding the support of the minor deceased or commit serious criminal acts or severely unfair treatment against the deceased or their spouse/direct descendants. Now, simply being related by blood will no longer guarantee the inherited rights of the direct descendants, and whether they have fulfilled their minimum duties and obligations as parents is expected to become an important measure for eligibility for inheritance.

2.  The Criteria for Judging 'Serious Violations of Support Obligations' and the Importance of Proving

Under the newly introduced system for loss of inheritance rights, the most important aspect is how to define and prove cases where serious violations of the obligation to support the minor deceased have occurred. Additionally, how to prove serious criminal acts or severely unfair treatment of the deceased or their family will also be crucial. Simply stating that there has been little contact or that the relationship has become distant will not suffice to deprive the inheritance rights of a direct descendant.

The courts are expected to comprehensively consider the circumstances and severity of the reasons that led to the claim for loss of inheritance rights, the relationship between the inheritor (direct descendant) and the deceased, and the size and formation process of the inherited property. In specific cases, the need for support for the minor deceased during their childhood, the support capabilities of the direct descendants, the deceased's intentions regarding the fulfillment of support obligations, and the actual living situations will be examined. In particular, not only the absence of financial support but also whether the deceased faced significant hardship or deprivation during their minority and the objective level of responsibility for avoiding support will be important indicators. For example, if it is proven that despite having sufficient means, a direct descendant completely ceased providing support for the upbringing and living expenses of a minor child for a long time, thus effectively abandoning their upbringing, leading to severe economic and living hardships for the deceased, the likelihood of losing inheritance rights for the direct descendant will be high.

3.  The Procedure for Claiming Loss of Inheritance Rights and the Golden Time

The system for loss of inheritance rights does not apply automatically; it must be confirmed through a judgment of the family court based on a will of the deceased or claims from joint heirs. According to the amendment, the deceased can express their intent to lose inheritance rights through a formal will pursuant to Article 1068, and in this case, the executor of the will must file a claim for the loss of inheritance rights of the relevant direct descendants to the family court.

If there is no will from the deceased, joint heirs can claim the loss of the inheritance rights of a direct descendant who is entitled to inheritance rights, within six months from the date they became aware of such right. Practically, it is extremely important not to exceed this six-month deadline, so it is essential to begin examining whether to lose inheritance rights of the direct descendant immediately after confirming the facts regarding the start of inheritance and the composition of heirs. Additionally, meticulous evidence collection is necessary to support the case, including records of past support (or the absence of such), payment history for child-rearing and medical bills, actual cohabitation and rearing circumstances, communication records, and statements from surrounding individuals regarding failures in fulfilling support obligations and instances of abuse or violence during minor years.

4.  Conclusion

The new system for loss of inheritance rights, which will be fully implemented from 2026, can be seen as a legislative effort to harmonize universal legal sentiments with justice in inheritance. However, for the intent of such a system to lead to practical results in the judicial field, there must be a procedural process that proves the abstract requirements of the law through objective evidence. In particular, the courts' judgments on 'serious violations' or 'unfair treatment' are expected to deeply reflect the specificity of individual cases, so the work of legally structuring this must be approached with great caution.

Cheongchul Law Firm seeks to minimize the legal uncertainties that may arise during the process of settling this new system and to fulfill its role in realizing justice in inheritance. If you find yourself at a crossroads of unexpected disputes, rather than hasty claims of rights, we advise you to calmly review with an expert whether the current situation meets the requirements of the amended law and whether there is sufficient evidence for substantiation.