News & Insights
Latest news and legal insights from HANBYOL LAW LLC.
Will my aunt’s or maternal aunt’s debt be passed on to my niece or nephew…? Waiving the right of first inheritance is the key
Regarding whether outstanding debts can be passed on to a nephew or niece upon the death of a relative, Attorney Kim Yong-dae Hanbyol Law LLC emphasized the key role of limited acceptance. Attorney Kim explained that if a higher-ranking heir in the inheritance hierarchy chooses limited acceptance, the debt is not passed on to lower-ranking heirs, thereby preventing the burden from being shifted to nieces, nephews, and others.
Since the order of inheritance proceeds from children → lineal ascendants → siblings → collateral relatives within the fourth degree of kinship, if all heirs of higher priority renounce their inheritance, the right of inheritance may ultimately extend to nephews and nieces. Attorney Kim Yong-dae emphasized the practical importance of blocking debt through limited acceptance. He also stressed that both renunciation of inheritance and limited acceptance must be reported to the family court “within three months from the date of learning of the commencement of inheritance”; failing to meet this deadline carries a high risk of the inheritance being treated as a simple acceptance, thereby incurring debt liability.

