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Can I, left alone, inherit my grandfather’s estate?

My grandfather has passed away. According to Korean Civil Law, the primary heir is not me but my father, due to the proximity principle in lineage; a closer descendant typically inherit before those who are more distant.

In Korea, the concept of “chon (촌)” is utilized to articulate this relationship. Explaining what “chon” entails can be complex at this stage. However, a similar concept to consider would be “generation”. If we consider the grandfather as the first generation, the father as the second generation, and myself as the third generation, then the distance between me and my grandfather is 2 (= 3-1), whereas the distance between my father and my grandfather is 1 (= 2-1). Therefore, the proximity between my father and my grandfather is more direct.

However, in this scenario, my father predeceased my grandfather. Given that the original heir, my father, is deceased, can I become the heir to my grandfather’s estate? If so, what would be my rank in the order of succession?

This issue is addressed in Korean Civil Law through the mechanism of inheritance by representation (대습상속), also known as anti-lapse.

Regarding Inheritance by Representation

Provisions on Inheritance by Representation in Korean Civil Act

Article 1001 (Inheritance by Representation):

Where a lineal descendant or a brother or sister who would become an inheritor pursuant to Article 1000 (1) 1 or 3, has died, or has become disqualified before the commencement of succession, any of his/her lineal descendants shall become an inheritor in the order in which the deceased or disqualified person would have become the inheritor.

 

Article 1000 (Priority of Inheritance):

(1) In inheritance, persons become inheritors in the following order: 

1. 1. 1. Lineal descendants of the inheritee;
      2. Lineal ascendants of the inheritee;
      3. Brothers and sisters of the inheritee;
      4. Collateral blood relatives within the fourth degree of the inheritee.

(2) In the case mentioned in paragraph (1), if there are two or more inheritors standing in the same order, the closest in degree of relationship shall have the priority of inheritance. If there are two or more inheritors standing in the same degree of relationship, they become coinheritors.

(3) With respect to the order of inheritance, an unborn child shall be considered as born.

The Necessity of These Regulations Illustrated with an Example

Why are such provisions necessary? Let’s examine these regulations with an example.

Consider the case where your grandfather has passed away. In this scenario, both you and your father fall under the category of “Lineal descendants of the inheritee” as per Article 1000, Section 1, Item 1. Does this make both individuals heirs to the grandfather? Not exactly.

Article 1000, paragraph 2 establishes that when there are several heirs of the same rank, the one who is closer in relation to the decedent assumes priority as the heir. The concept of proximity has been previously explained. Hence, in this scenario, your father, not you, would have been the primary heir due to closer proximity to your grandfather.

However, let’s assume a tragic turn of events where your father predeceases your grandfather. Your uncle then claims: “Being the child of the grandfather and the sibling of your father, I am closer to our father (to you, the grandfather). Therefore, it is right that I inherit all of my father’s estate.”

How could you contest this claim? In such a case, you could respond to your uncle by saying: “According to Article 1000 of the Civil Act, originally my father and uncle would have been co-heirs. However, since my father has predeceased our grandfather, according to Article 1001, I step into my father’s position and thus stand as an heir on equal footing with my uncle. Therefore, my uncle and I should become co-heirs to our grandfather’s estate.”

Conclusion

Monetary disputes arising within interpersonal contexts frequently precipitate complex and delicate situations, especially when they occur amongst individuals in close relationships. In such instances, it is imperative to adopt an unequivocal and logical approach towards financial and proprietary issues.

It is essential to underscore the importance of reaching a definitive agreement and ensuring ongoing communication between the parties involved. However, paramount to these measures is the necessity of obtaining professional legal counsel. This step is crucial for a comprehensive understanding of one’s rights and responsibilities, thereby safeguarding their interests in accordance with the law.