ENGLISH

- The renunciation of inheritance refers to an expression of intent of the inheritor to expire the effect of inheritance, and in order to renounce the inheritance, the inheritor must file a report of the renunciation of inheritance with the family court (Article 1041 of the “Civil Act”).

- If an inheritor wishes to renounce the inheritance, he/she must declare the renunciation of inheritance to the family court having jurisdiction over the place of commencement of inheritance within three months from the date on which he/she becomes aware of the commencement of inheritance (Articles 1041 and 1019 (1) of the “Civil Act” and Article 44 (1) 6 of the “Family Litigation Act”).

- In order to declare the renunciation of inheritance, the applicant or his/her representative must submit written documents with applicable information and his/her name and seal or signature affixed (Article 75 (1) of the “Family Litigation Rules” and Article 36 (3) of the “Family Litigation Act”).

- The family court will accept the above report if it contains no mistake.

- An inheritor may effect the renunciation within three months from the date on which he/she becomes 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”).

- Notwithstanding the fact that the inheritor has examined the property to be inherited, the inheritor fails to be aware of the fact that the inherited liability exceeds the inherited property without any gross negligence within three months from the date on which he/she becomes aware of the commencement of inheritance and does not renounce the inheritance, and therefore, it is raised as an absolute acceptance, he/she may effect the qualified acceptance within three months from the date on which he/she becomes aware of the 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).

- 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”).

- If an inheritor dies without effecting renunciation 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”).

- renunciation of inheritance will be effective retroactively from the time of the commencement of the inheritance (Article 1042 of the “Civil Act”).

- If there are multiple inheritors, and one of them has effected the renunciation of inheritance, his/her share of inheritance will revert back to the other inheritors in proportion to their respective shares (Article 1043 of the “Civil Act”).

- A person who has effected the renunciation of inheritance will be required to continue to manage the inherited property until the person who becomes inheritor by reason of renunciation becomes able to undertake the management of the property (Article 1044 (1) of the “Civil Act”).

- The revocation of the renunciation 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 (Articles 1024 (1) and 1019 (1) of the “Civil Act”).

- Nevertheless, if an inheritor accepts or renounces the inheritance due to mistake, fraud, or undue influence, he/she may revoke the renunciation 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”).

- For an inheritor to revoke the renunciation of inheritance, he/she must file a written report affixed with the name and seal or signature of the applicant or his/her representative to the family court which delivered the judgment on the renunciation (Article 76 (1) of the “Family Litigation Rules”).

- The declaration of the revocation of the renunciation of inheritance must be attached with a certificate of seal impression of the declarant or his/her representative (Articles 76 (3) and 75 (2) of the “Family Litigation Rules”).