What is inheritor?
Concept of inheritor
- An inheritor refers to a person who succeeds the property status of the inheritee as inheritance commences.
※ An inheritee refers to a person who bequeaths his/her property due to death or judicial declaration of disappearance.
· An inheritor must be a human being and a corporation is not eligible to inherit any property and is only eligible to receive testamentary gifts.
· An inheritor must be alive at the time of commencement of inheritance.
· With respect to the order of inheritance, however, an unborn child is considered as already born (Article 1000 (3) of the “Civil Act”).
Inheritance priority
Inheritance priority
- The inheritors are determined in the following order and the statutory spouse of the inheritee will be a joint inheritor with them if there are any lineal descendants or ascendants of the inheritee. If there are no such lineal descendants or ascendants of the inheritee, the said statutory spouse will be the sole inheritor (Articles 1000 (1) and 1003 (1) of the “Civil Act”).
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Priority
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Inheritor
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Note
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1
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Lineal descendants of the inheritee (Children, grandchildren, etc.)
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Will always become inheritors.
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2
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Lineal ascendants of the inheritee (Parents, grandparents, etc.)
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Will become inheritors if there are no lineal descendants.
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3
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Siblings of the inheritee
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Will become inheritors if there are no first-in-line and second-in-line inheritors.
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4
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Collateral blood relatives within the fourth degree of the inheritee (Uncles, aunts, etc.)
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Will become inheritors if there are no first-in-line, second-in-line, and third-in-line inheritors.
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