Inheritance
Q. My brother who lived with our mother withdrew ¥20 million from her account before her death. Can I demand return?
A.
Unauthorized withdrawals can be claimed as unjust enrichment. Even gifts count as special benefits in estate division.
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If withdrawn without mother's consent, you can claim unjust enrichment (Art. 703/704) or tort damages (Art. 709). If it was a gift, it's "special benefit" (Art. 903) counted back into the estate for division. If mother lacked capacity (dementia), the gift's validity can be challenged. Obtain bank transaction records (available to heirs) and care/medical records. Given the amount, strongly recommend consulting a lawyer.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.
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