Practice Areas
Our People
News & Resources
Book Consultation

Q
Views9,271
Recently, when one of our family members passed away, we have been sorting out inheritance matters. When I actually tried to sort it out, I was confused from the very start about who inherits first. I heard that a spouse also inherits, but I am not sure whether, if there are children, the spouse is excluded or inherits together with them. Please tell me who exactly has first priority in inheritance under the law and how a spouse's right of inheritance works.
first priority in inheritance
Answer
Published:
Author : Kuk Il KIM
You have inquired about first priority in inheritance and a spouse's right of inheritance.
To answer directly, under the Civil Act, first priority in inheritance goes to the decedent's lineal descendants, that is, the younger generations such as children and grandchildren.
Adopted children are also included here.
A spouse is always included as a co-heir and inherits jointly with the heirs of each priority according to the order of inheritance.
Statutory order of inheritance
First priority: lineal descendants
Second priority: lineal ascendants
Third priority: siblings
Fourth priority: collateral blood relatives within the fourth degree
Where there is an heir of a given priority, the next priority has no right of inheritance.
In addition, a spouse becomes a co-heir with the heirs of each priority above.
In other words, where there are children, who have first priority in inheritance, the structure is that the spouse and the children become co-heirs.
Here, the spouse must be in a legally recognized marital relationship.
A spouse in a common-law marriage cannot be an heir.
In addition, because the order and proportions of inheritance are strictly determined according to the family relationships at the time of death, it is important to first confirm the exact heirs before dividing the property.
Where there are complex family relationships or a will, we recommend receiving the advice of a legal expert.

Family Law 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0