Will half-siblings born from remarriage also receive half-sibling inheritance?

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half-sibling inheritance

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作者: 김국일

Half-sibling inheritance is in principle recognized in the same way as full-sibling inheritance.

If one of the parents is the same, the children are legally recognized as the same children, so if a legal parent-child relationship is recognized, there is no difference in the right of inheritance itself.

Therefore, half-sibling inheritance does not mean that the right of inheritance is restricted or excluded.

However, in actual inheritance, the order of inheritance and the inheritance share must be confirmed step by step.

(1) Confirmation of the order of inheritance

According to Article 1000 of the Civil Act, inheritance proceeds in the following order.

1st priority: Direct descendants (children)

2nd priority: Direct ascendants (parents)

3rd priority: Siblings

If the deceased has children, the children become the 1st priority heirs.

At this time, both biological children and half-siblings are recognized as the same children, so half-sibling inheritance also has the right of inheritance at the same priority.

(2) Calculation of inheritance share

When there are multiple children, unless there are special circumstances, the inheritance shares are divided equally.

Therefore, half-sibling inheritance does not result in reduced or restricted shares.

(3) Confirmation of exceptional situations

However, the inheritance result may differ in the following cases.

When a will exists

When a specific heir renounces inheritance

When contribution share or special profit is at issue

In conclusion, half-sibling inheritance is in principle recognized in the same way as full-sibling inheritance, provided the legal parent-child relationship is recognized.

However, in actual inheritance, the distribution result may vary depending on various factors such as the scope of heirs, the existence of a will, and renunciation of inheritance, so it is necessary to review based on the specific circumstances.

If you need confirmation of specific circumstances regarding inheritance procedures or half-sibling inheritance issues, please consult with an inheritance specialist attorney to review the response direction.