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How to prove abandoned heirs

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How to prove abandoned heirs


        

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  • 2024-06-04 20:00:48

    When evidence is collected to prove that the party who has the obligation to support and assist and is able to support refuses to support the decedent who is unable to work or cannot live independently, it can prove that the party abandoned the decedent.

    According to the Civil Code, if the heir abandons the decedent, he shall lose the right of inheritance.

    If a successor abandons a decedent and shows true repentance, and the decedent expresses forgiveness or later lists him as successor in his will, he shall not lose his right to inheritance.

    [Legal Basis]

    Article 1125 of the Civil Code states that a successor shall lose his right of inheritance if he commits one of the following acts:

    (1) Intentionally killing the decedent; (2) Killing other heirs in order to fight for the inheritance; (3) The circumstances of abandoning or maltreating the decedent are serious; (4) Forging, altering, concealing or destroying wills, and the circumstances are serious; (5) Forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious. If a successor has committed any of the acts mentioned in sub paragraphs (3) to (5) of the preceding paragraph, shows true repentance, and the decedent expresses forgiveness or later lists him as successor in his will, the successor shall not lose his right to inheritance. A legatee who commits the act specified in the first paragraph of this article shall lose the right to legacy.

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