Absolute acceptance of inheritance
Concept of the absolute acceptance of inheritance
- The absolute acceptance of inheritance refers to an expression of intent not to reject the effect of inheritance.
· If an inheritor effects an absolute acceptance, he shall succeed without limitation to the rights and duties of the inheritee (Article 1025 of the “Civil Act”).
Absolute acceptance by law
- An inheritor will be deemed to have effected an absolute acceptance in any of the following circumstances (Article 1026 of the “Civil Act”):
·If an inheritor has taken an act of disposition with regard to the inherited property (e.g. If an inheritor has sold a real estate property which is an inherited property and transferred the register, if an inheritor has sold shares which is an inherited property, or if an inheritor has paid off his/her debt with the deposit bond which is an inherited property).
·If an inheritor has failed to effect either a qualified acceptance or a renunciation within the period of consideration of the inheritance acceptance, etc.
·If an inheritor, after having effected a qualified acceptance or a renunciation, has concealed or fraudulently consumed, or failed intentionally to enter in the inventory, the inherited property.
Exception to the absolute acceptance by law
- If an inheritor of second priority has accepted an inheritance as the inheritor had renounced his/her inheritance, the inheritance will not be accepted even if the person who had renounced his/her inheritance fraudulently consumes (Article 1027 of the “Civil Act”).
Period of the absolute acceptance of inheritance
Period of the absolute acceptance of inheritance
- An inheritor may effect the absolute acceptance within three months from the date on which he/she became aware of the commencement of inheritance.However, such period may be extended by the Family Court upon the application of any party interested or of a public prosecutor (Article 1019 (1) of the “Civil Act”). Even if an inheritor has failed to effect either a qualified acceptance or a renunciation within the period, since absolute acceptance regards it as done (Article 1026, subparagraph 2 of the “Civil Act”), if there is no special reason to effect the absolute acceptance early, there is no need to effect the qualified acceptance or renunciation.
▶ Permission for the extension of the period for absolute acceptance of inheritance
- The persons who has the right to apply are any party interested or of a public prosecutor (Article 1019 (1) of the “Civil Act”).
- The period of application is three months from the date on which the applicant becomes aware of the commencement of inheritance.
- The court of jurisdiction is the family court of the place where the inheritance commences (Article 44 (1) 6 of the “Family Litigation Act”).
Period of special qualified acceptance
- Notwithstanding the fact that the inheritor examined the inherited property before he/she accepted or renounced the inheritance, if an inheritor has made an absolute acceptance (including the case deemed to have made an absolute acceptance under Article 1026, subparagraphs 1 and 2) without knowing the fact that his/her inherited liability exceeds his inherited property within three months from the date on which he/she became aware of the commencement of inheritance without any gross negligence, a qualified acceptance may be made within three months from the date on which he knew such fact (Article 1019 (3) of the “Civil Act”).
- If a minor inheritor grants absolute acceptance of an inheritance whose inherited liability exceeds the inherited property before reaching the age of majority, even though the inheritor investigated the inherited property before giving such acceptance or renouncing the inheritance, he or she is eligible for qualified acceptance within three (3) months, after reaching the age of majority, from the date he or she realizes that the inherited liability exceeds the inherited property. The same shall apply if the minor inheritor did not or was unable to grant qualified acceptance under Article 1019(3) of the Civil Act (Article 1019(4) of the Civil Act).
Period of inheritance acceptance for a person with limited capacity
- If an inheritor is a person with limited capacity, the period of up to three months from the date on which he/she became aware of the commencement of inheritance will be calculated from the time his/her legal representative becomes aware that the inheritance has been commenced (Article 1020 of the “Civil Act”).
Special rules on the calculation of the period of acceptance
- If an inheritor dies without effecting either acceptance within three months from the date on which he/she becomes aware of the commencement of inheritance, the period will be calculated from the time when his inheritor becomes aware that the inheritance has been commenced in his favor (Article 1021 of the “Civil Act”).
Revocation of the acceptance of inheritance
Prohibition of the revocation in principle
- The revocation of the acceptance of inheritance is not allowed for a period of up to four months from the date on which the inheritor becomes aware of the commencement of inheritance (Article 1024 (1) of the “Civil Act”).
Exceptional permission for revocation
- Nevertheless, if an inheritor accepts the inheritance due to mistake, fraud, or undue influence, he/she may revoke the acceptance of inheritance for the said reason.However, such right of voidance will be extinguished by prescription, if it is not exercised within three months from the day on which it became possible to effect ratification, or within one year from the day on which acceptance or renunciation was effected (Article 1024 (2) of the “Civil Act”).