South Korea

What are the grounds for disinheritance?

Art. 1017

Civil Act section

3 years

Statute of limitations

Written will

Required form

Court petition

Must be approved

The Short Answer

In South Korea, disinheritance is only allowed for serious misconduct by the heir, such as abuse, severe insult, or attempted murder of the testator, as strictly defined under the Civil Act.

What the Law Says

South Korean law permits disinheritance only under narrow, statutorily defined circumstances. The Civil Act sets strict conditions and procedural requirements to prevent arbitrary exclusion of法定 heirs.

Disinheritance is not automatic — it requires a formal declaration by the testator in a valid will and subsequent court approval. Without both, the disinherited person retains their statutory share.

The grounds are exhaustive and limited to serious offenses against the testator: physical or psychological abuse, grossly insulting conduct that undermines family dignity, attempted murder or serious injury, or other acts deemed 'grave misconduct' by the court.

Even if grounds exist, disinheritance becomes void if the testator later reconciles with the heir or fails to file a petition within three years after the heir’s misconduct is discovered.

Statutory Text
A testator may disinherit a presumptive heir who has abused or seriously insulted the testator, attempted to kill the testator, or committed other grave misconduct.
— Civil Act, Art. 1017 — Grounds for Disinheritance

Statutory Text
Disinheritance shall be effective only when declared in a notarized will and approved by the family court upon petition by the testator or heir.
— Civil Act, Art. 1018 — Effectiveness of Disinheritance

Statutory Text
A petition for approval of disinheritance must be filed within three years from the time the testator became aware of the ground for disinheritance.
— Civil Act, Art. 1019 — Limitation Period

What to Do

Confirm the heir’s conduct meets one of the grounds listed in Civil Act Art. 1017 (e.g., documented abuse or insult).

Execute a notarized will explicitly stating the disinheritance and citing the legal ground.

File a petition for court approval under Art. 1018 within three years of learning of the misconduct.

Attend the family court hearing; the court may require evidence (e.g., police reports, medical records, witness statements).

If approved, the disinherited heir loses all inheritance rights — including the reserved portion (legitime).

Sources

statuteCivil Act, Art. 1017 — Grounds for Disinheritance statuteCivil Act, Art. 1018 — Effectiveness of Disinheritance statuteCivil Act, Art. 1019 — Limitation Period

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.