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Can half-siblings born through a remarriage also receive an inheritance?

My father remarried and had children in his new family. I am a child from his first marriage, and as discussions about inheritance recently arose, I became curious about the issue of half-sibling inheritance. I would like to know whether half-sibling inheritance is recognized even when the siblings do not share both parents, and how the inheritance shares are divided when the inheritance actually proceeds.

half-sibling inheritance

Answer to Related Inquiry

Author: 김국일

In principle, half-siblings are recognized as having the same inheritance rights as full siblings.

If two people share one parent, they are legally recognized as equal children, so as long as a legal parent-child relationship is established, there is no difference in the right of inheritance itself.

Therefore, the right of inheritance is not restricted or excluded merely because the heirs are half-siblings.

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

① Confirming the Order of Inheritance

Under Article 1000 of the Civil Act, inheritance takes place in the following order.

First priority: lineal descendants (children)

Second priority: lineal ascendants (parents)

Third priority: siblings

If the decedent has children, the children become the first-priority heirs.

In this case, both biological children and half-children are recognized as equal children, so half-siblings likewise acquire the right of inheritance in the same order of priority.

② Calculating the Inheritance Shares

When there are several children, the inheritance shares are divided in equal proportions unless there are special circumstances.

Therefore, a half-sibling's share is not reduced or restricted merely because of that status.

③ Checking for Exceptional Circumstances

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

Where a will exists

Where a particular heir has renounced the inheritance

Where a contributory portion or special benefit is at issue

Overall, as long as a legal parent-child relationship is recognized, half-siblings are, in principle, treated in the same way as full siblings.

However, in an actual inheritance, the outcome of the distribution may vary depending on several factors, such as the scope of the heirs, whether a will exists, and whether any heir has renounced the inheritance, so it is necessary to review the matter based on the specific circumstances.

If you need to clarify the specific circumstances relating to the inheritance procedure or a half-sibling inheritance issue, you may wish to review your course of action through a consultation with an attorney specializing in inheritance.