The mother's actions also thrust the elder daughter into a contentious legal battle.
The case, discussed on lawyer Jo In-seop's "Consultation Room" program on YTN radio on 18/3, garnered significant public sympathy. Many drew parallels to K-pop singer Goo Hara's case in 2019, which led to legal reforms restricting inheritance rights for parents who neglected or abused their children.
However, legal experts suggest the elder sister faces a heavy burden of proof to disinherit her mother, despite recent legal changes.
According to the anonymous woman, she and her younger sister relied on each other after their mother left home when they were about 10 years old. The mother reportedly never sought out her children and cut off contact after remarrying. Without parental support, the two sisters worked various part-time jobs, such as factory workers and supermarket cashiers, from a young age to cover tuition and living expenses.
Years later, their lives improved when a handmade pastry brand they built together gained popularity on social media. They sold the business to a major food company for 30 billion won (20 million USD), splitting the proceeds equally.
Tragedy struck last month when the younger sister died suddenly after being hit by a drunk driver. She had no spouse or children and left no will.
After the funeral, the mother unexpectedly appeared and filed a claim to inherit all of her deceased daughter's assets, arguing that, by law, she was the primary heir.
The elder sister stated that for 40 years, she did not even know if her mother was alive or dead. She had spent her life protecting her sister, working hard to build the company, and together they amassed 15 billion won. "The mother who abandoned us suddenly appeared and is trying to seize all of that money," she said.
She sought legal advice on whether a mother who had no contact for 40 years could claim her sister's entire inheritance.
Under South Korean inheritance law, parents are prioritized over siblings, meaning assets would typically go to the mother unless her inheritance rights are successfully contested.
Nonetheless, the implementation of the "Goo Hara Law" (Article 1004-2 of the Civil Code) in January raised the possibility of limiting the mother's inheritance rights, due to legal changes introduced after singer Goo Hara's case.
Following the singer's death in 2019, her mother, who had abandoned the family when Goo Hara was only 9 years old, reappeared after two decades to claim a share of the inheritance. Despite public outcry, the court ruled to award 40% of the assets to the mother and 60% to the father.
In response to the controversy, an amendment to the Civil Code, commonly known as the "Goo Hara Law," was introduced and took effect in January this year. This revised law allows courts to revoke the inheritance rights of parents who have severely neglected their child-rearing duties.
However, lawyer Jung Eun-young of Shinsegae law firm stated that, under the Goo Hara Law, parents who neglect their duty of support may have their inheritance rights revoked. Yet, merely cutting off contact is not sufficient. There must be prolonged, intentional, and severe neglect of support obligations. Furthermore, inheritance rights are not automatically forfeited; an application for "disqualification of inheritance" must be filed with the family court.
The lawyer advised the elder sister to prove, through bank transfer records, household registration documents, and witness testimonies, that the mother did not provide any child support or living expenses over the past 40 years.
By Tue Anh (Source: Korea Herald, Chosun Daily)