Page title background (PC version)Page title background (mobile version)

Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

My wife died before the divorce ruling. Is inheritance after death possible in this case?

Legal IntellectualViews54,029

Hello. I was in the middle of a divorce lawsuit when my wife suddenly passed away from illness. The divorce judgment wasn't finalized and the divorce procedure was still in progress when my wife died. In this case, I'm wondering if I can be my wife's heir. Is post-death inheritance possible in this situation?

inheritance after death

A

Answer to Related Inquiry

Yes, inheritance after death is possible.

If the wife died before the divorce ruling was finalized, since the marital relationship was still legally maintained, the husband can become the wife's heir.

Since inheritance after death is conducted based on the time of the decedent's death, if the legal marital relationship was maintained at the time of death, inheritance rights are recognized.

That is, even if the couple was separated at the time of death, or even if a divorce lawsuit was in progress, this does not affect the inheritance rights.

However, even if inheritance rights are recognized, if you fall under 'grounds for inheritance disqualification' under civil law, you cannot become an heir.

For example, this includes acts such as intentionally harming the decedent, obstructing a will through fraud or coercion, or forging, altering, or destroying a will.

If there are no special grounds for disqualification like this, the husband can exercise legitimate inheritance rights to the deceased wife's property.

Since inheritance after death issues can be very sensitive and complex, please consult with an inheritance specialist attorney to find out accurate legal response measures.

Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* 2026년 1월 변호사협회 경유증표 발급 기준

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

상속·가사Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk