Inheritance
Q. Father's will leaves "all assets to his mistress." What is the children's legally reserved share?
A.
Children have reserved shares of 1/2 their statutory share. They can claim monetary payment for the infringed amount.
Read more ▶
Even if all assets are bequeathed to a third party, certain heirs have "legally reserved shares" (Art. 1042). Children's reserved share is 1/2 of statutory share. For a mother and 2 children: mother gets 1/4, each child 1/8. File a claim for reserved share infringement (Art. 1046) for monetary payment. Deadline: 1 year from learning of infringement (Art. 1048), or 10 years from death. Claims that the bequest violates public order (Art. 90) are possible but difficult.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.
Related Questions
Q. How are legal inheritance shares determined in Japan?
Q. What is the legally reserved portion (iryubun) and how to claim it?
Q. What is the basic deduction for inheritance tax in Japan?
Q. How do you renounce an inheritance and what is the deadline?
Q. What types of wills exist in Japan and what are the requirements?
Related Articles
Inheritance Renunciation in Japan: Complete Guide
Complete guide to inheritance renunciation in Japan, including the 3-month deadline and court procedures.
Types of Wills in Japan: Handwritten vs. Notarized Wills
Guide to the three types of wills in Japan, including the 2019 reform relaxing handwritten will requirements.
Free Tools
Consult a Legal Professional
Find a lawyer through your local bar association
JFBA Legal Consultation Guide