- Inheritance Litigation
- Concepts
- Legal Reserve of Inheritance
Claim for return of Legal Reserve of Inheritance
If you have not received any inheritance, you must claim for egal reserve of inheritance
If you are in a position to be charged for claim for egal reserve of inheritance, you need an appropriate defense.
If you are in a position to be charged for claim for egal reserve of inheritance, you need an appropriate defense.
Claim for return of legal reserve of inheritance
If the deceased leaves or gives a will that gives a lot of property only to a certain child during his/her lifetime, other families will not have inherited property, which can be a threat to their livelihood, and in some cases, disputes between families often occur.
Our civil law stipulates an legal reserve of inheritance system to protect heirs who have not been inherited at a minimum level.
The defense of a claim for return of legal reserve of inheritance
If other heirs have filed a claim for legal reserve of inheritance because they think that they have not received their portion of inheritance properly, the heir who has been sued must defend appropriately from defendant’s point of view
The right to claim the return of legal reserve of inheritance is one year from the date on which the facts of the commencement of inheritance and the gift to be returned are known;
It must be exercised within 10 years from the commencement of inheritance, and if this period elapses, the right expires.
It must be exercised within 10 years from the commencement of inheritance, and if this period elapses, the right expires.
Typical cases in which legal reserve of inheritance request is required
- 1. Where the deceased gifted a large amount of property only to a specific child during his/her lifetime;
- 2. In case the deceased has remarried before he was alive and has donated a large amount of property only to his remarried spouse, etc.
- 3. In case the deceased donated most of the property to a third person or organization other than the heir, so that the heirs received only a small part or almost none of the inherited property.
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4. Most of the property was donated to a specific heir immediately before the death of the deceased, but it is doubtful whether the deceased really had such an intention.
(lawsuit for invalidation of gift at the sametime)
- 5. If you know that the deceased has given a lot of property to a specific heir, but has not left any inheritance
- 6. If it is confirmed after death that the deceased has left a will that the property remaining only for a specific heir will be bequeathed