"Parents Who Abandoned Their Children Cannot Claim Usufruct"…Disinheritance Petition Reaches Critical Point on September 16 [Everyday Legal S]

As disputes continue to arise where parents who abandoned their children in early childhood later appear after the child's death to claim inheritance shares, a critical deadline approaches for the "declaration of disinheritance" system that can strip such parents of even usufruct rights. Those parties who have faced inheritance disputes before the amended Civil Code took effect must file petitions with family court by the 16th to receive protection under this system.

The previous Civil Code narrowly defined grounds for disinheritance, leaving the problem that even family members who had severed contact for decades could claim inheritance and usufruct shares. After the death of singer Gu Hara in 2019, her biological mother appeared after more than 20 years, claiming an inheritance share, sparking public outcry. The Constitutional Court ruled on April 25, 2024 that Civil Code provisions that did not establish grounds for loss of usufruct for unfaithful heirs were unconstitutional.

Accordingly, the newly enacted Civil Code Article 1004-2, known as the "Gu Hara Law," went into effect on January 1 this year. Attorney Eom Jung-sook of Law Firm Combined Attorneys explains, "The amended Civil Code Article 1004-2 allows family courts to declare disinheritance against heirs who seriously breach duty of support toward the deceased or engage in severely inappropriate treatment such as abuse," and notes that "when heirs lose their inheritance rights, they lose not only their inheritance share but also their usufruct, meaning they cannot claim even a minimum share through a usufruct recovery lawsuit."

◇ Losing Both Inheritance Share and Usufruct
The case of the bereaved family of B, who passed away young, illustrates this. B was raised solely by his father, and the biological mother left home more than 20 years ago without ever sending a single payment for child support. When B died in an accident, the biological mother appeared and demanded her statutory inheritance share. Under the previous law, the biological mother would have maintained her status as an heir, but now there is an avenue for the father and other co-heirs to petition family court to seek disinheritance of the biological mother.

The new system applies to inheritances that commence after the Constitutional Court's decision date of April 25, 2024. Inheritance rights do not disappear automatically; they take effect only when declared by a family court either through the deceased's will or upon petition of co-heirs. An heir who is declared disinherited assumes the status of never having been an heir from the beginning, losing both inheritance share and usufruct. The amended law also restricts representation succession, where the spouse of a disinherited person would inherit in their place.

◇ Existing Dispute Parties Have Until September 16
The deadline is significant. On June 25, the Supreme Court determined that the amended Civil Code should apply to usufruct disputes that were pending in court when the Constitutional Court made its ruling, and stated that co-heirs who became aware of disinheritance grounds before the amended law took effect must file petitions for disinheritance with family court by September 16. This is effectively the final deadline given to existing dispute parties.

The critical issue is proof. Since it must be proven that the breach of duty of support was at a "serious" level by the petitioner, it is necessary to organize details such as unpaid child support records, periods of lost contact, family registry documents, and statements from third parties. Since the status of the opposing party as an heir remains in effect until a declaration is made, it is also necessary to consider preservation measures to ensure that inherited property is not disposed of during this period.

Attorney Eom emphasizes, "With the implementation of the disinheritance system, the nature of usufruct disputes is expanding to the stage of challenging heir status itself. For cases involving unfaithful heirs, it is advisable to first consider filing a disinheritance petition, promptly secure evidence proving abandonment of support obligations, and develop a strategy by combining it with usufruct and inheritance division disputes."

Meanwhile, in its 2024 ruling, the Constitutional Court declared the usufruct of siblings (former Civil Code Article 1112, Item 4) simply unconstitutional, causing that provision to lose effect immediately. A provision that failed to reflect contribution shares of heirs who supported the deceased or contributed to property formation in the calculation of usufruct also received a ruling of unconstitutionality. The usufruct system, which was introduced in 1977, is undergoing a complete overhaul after 50 years.