[A friendly judge] You should not touch your inheritance if you want to be recognized as a waiver of inheritance.
The abandonment of inheritance requires the judgment of the family court.
When a person dies and the validity of the inheritance is initiated, the remaining heirs receive inheritance, which inherits the property status of the deceased person comprehensively. And in this case, succession of the heir includes debts as well as bonds of the dead person (the heirs). But the heirs of the heirs who have more debt than the bonds can get all the debts left behind and cause damage.
For this reason, the Civil Code has opened the way for the heirs to choose not to inherit all of their debts and debts with the system of “renunciation of inheritance”.
In this regard, the Supreme Court case (2013 D73520), which judges when the abandonment of inheritance occurs, is introduced.
Mr. A was an heir of Mr. B who died, but he did not like inheritance. Because Mr. B had more debts (liabilities) than property, he decided that if he inherited the status, he would be in a deficit.
When he learned how to avoid inheritance, he learned that he could not be inherited if he gave up his inheritance and reported abandonment of his inheritance to the court after a month of his death did. A few days later, Mr. A dismissed the six freight cars he had owned in his lifetime or sold them to others, earning a corresponding profit. Two months after the filing of the report, the court made a decision to reprimand A’s abandonment.
In this regard, it was a question of whether the disposition of Mr. A’s property was regarded as a simple approval.
Article 1026 (1) of the Civil Code stipulates that an act of disposing an inherited property by an heir shall be regarded as “simple approval”, ie, the heir has unconditionally accepted the succession of inherited property.
However, whether or not Mr. A’s conduct, which disposes of the inherited property prior to the court’s referee’s judgment after the declaration of abandonment of inheritance, becomes simple approval, depends on when the abandonment of inheritance takes effect. In other words, it is a question of whether to refer to the time when the abandonment of inheritance was given and when the abandonment of abandonment was given after the judgment of abduction was regarded as the reference point at which the inheritance abandonment effect occurred.
The Supreme Court found that the abandonment did not take effect only when it declared the abandonment of inheritance.
The court said, “After the abandonment of inheritance has become effective, there is no longer any room for simple approval.” Article 1026 (1) of the Civil Code should be applied only to the disposition of inherited property before the abandonment of inheritance takes effect “He said.
The judge said, “The abandonment of inheritance is not only effected by the declaration of the heir, but should be filed in the family court and be judged by the family court.” The judgment becomes effective when the party receives the notice. ” .
Therefore, even if the heir, A, declares abandonment of inheritance to the family court, if he disposes of the inheritance cargo before the judgment of the family court which hears the judgment, it shall be dismissed before the abandonment of inheritance takes effect It is deemed that the act is regarded as a simple grant of inheritance pursuant to Article 1026 (1) of the Civil Code.
As a result, Mr. A ‘s disposal of six freight cars has given Mr. B’ s property and debts a succession.
◇ Judicial TIP = There is a system called ‘limited approval’ in a similar concept to inheritance abandonment. A limited authorization is a declaration of intent (Civil Code Section 1028) that the heir will be liable only for the debts of the heirs and the reimbursement of bequests within the limits of the property received by inheritance. It is different from inheritance abandonment which abandons inheritance at all.