5 cases where even biological children are not entitled to inherit from their parents

What is inheritance?

Article 609 of the 2015 Civil Code stipulates the right to inheritance as follows: Individuals have the right to make a will to dispose of their property; leave their property to legal heirs; and receive inheritance according to the will or according to the law.

An heir is not an individual who has the right to inherit according to the will.

From the above provisions, it can be understood that the right to inherit includes the following rights: the right to make a will to dispose of one's property after death, the right to leave one's property to a legal heir, and the right to receive the inheritance according to the will or according to the law of the beneficiary.

In addition, according to regulations, the person leaving the inheritance has the right to proactively decide who is entitled to the will, how much each person is entitled to receive, or who is deprived of the right to receive the will, reserve a portion of the inheritance for donation, worship, assign obligations to the heir, appoint a will keeper, an inheritance administrator, an inheritance distributor, etc. without being dependent on the will of other subjects.

In addition, the testator has the right to amend, supplement, replace, or revoke the will at any time. If a person dies leaving a will, the transfer of assets must be made to the person entitled to inherit the estate in accordance with the testator's wishes. Inheritance according to law only occurs if there is no will, the will is illegal, and other reasons arising from the heir.

Subject of inheritance rights

The subject of inheritance is the property owned by the deceased left to the living (inheritance).

Property according to Article 105 of the 2015 Civil Code is objects, money, valuable papers and property rights. Property includes real estate and personal property. Real estate and personal property can be existing property and property formed in the future.

Property rights are rights that can be valued in money, including property rights to intellectual property objects, land use rights and other property rights.

In addition, inheritance includes the deceased's separate property and the deceased's share of property jointly owned with others.

5 cases of not being entitled to inheritance

Pursuant to Article 621 of the 2015 Civil Code, cases where one is not entitled to inherit property, as well as the right to inherit real estate, include:

1. A person convicted of intentionally infringing upon the life or health of the deceased or of seriously mistreating or torturing the deceased or of seriously infringing upon the honor or dignity of that person.

2. A person who seriously violates the obligation to support the person leaving the inheritance.

3. A person convicted of intentionally infringing upon the life of another heir in order to receive part or all of the inheritance to which that heir is entitled.

4. A person who deceives, coerces or prevents the testator from making a will; forges a will, alters a will, destroys a will, or conceals a will in order to receive part or all of the inheritance against the testator's wishes.

However, these people are still entitled to inherit, if the testator knew about the behavior of those people, but still let them inherit according to the will.

5. An adult child who is capable of working and the entire estate is inherited according to a legal will but the child is not entitled to inherit. Specifically, if an adult child (18 years of age or older) who is capable of working is not entitled to inherit when:

- The testator does not give that person any inheritance according to the will.

- The entire legacy is the right to use land and housing inherited according to a legal will.

MH (t/h)

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