My wife passed away before the divorce judgment was issued. In such a case, is inheritance after death possible?

Yes, inheritance after death is possible.

If the wife passed away before the divorce judgment became final, the marital relationship was legally still in effect, so the husband can become the wife's heir.

Because inheritance after death is determined as of the time the decedent passed away, if a legal marital relationship was in effect at the time of death, the right of inheritance is recognized.

In other words, even if the couple was separated at the time of death, or divorce litigation was ongoing, this does not affect the right of inheritance.

However, even if the right of inheritance is recognized, a person cannot become an heir if he or she falls under the 'grounds for disqualification from inheritance' under the Civil Act.

For example, this applies to conduct such as intentionally harming the decedent, obstructing a will through fraud or duress, or forging, altering, or destroying a will.

As such, if there are no special grounds for disqualification, the husband can exercise a legitimate right of inheritance over the property of his deceased wife.

Because matters of inheritance after death can be very sensitive and complex, we recommend that you explore an accurate legal response through a consultation with an attorney specializing in inheritance.