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Ministry of Justice to remove "reserved portion" for sibling inheritance | Mirror News reporter Gong Pinrou
News link:https://youtu.be/5310h1bb5OA?si=FEgxTNtxt-SrqCQJ
In response to changes in modern society and the majority of public opinion, the Ministry of Justice announced yesterday (June 2) that it would remove the "siblings' special share" clause related to inheritance from the Civil Code and add new draft amendments such as "special contribution". The Ministry of Justice pointed out that the revised law will be more in line with modern family life and emphasizes respect for testamentary freedom.
Attorney Li Yusheng of Fidelity Law Firm stated that the removal of the reserved portion for siblings expands the testator's authority to dispose of property in a will, freeing them from the constraints of the reserved portion rule. In practice, this will lead to fewer inheritance disputes in court, while the demand for wills and estate trust planning will increase. Pre-gift arrangements made to circumvent the reserved portion will also be adjusted. The most profound impact will be on the siblings of the deceased who have no spouse, children, or parents. These relatives will lose their statutory minimum estate protection and will no longer be able to forcibly claim a share of the estate through the reserved portion, thus relatively strengthening the inheritance rights of the beneficiaries designated by the deceased.
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Frequently Asked Questions
What are reserved points?
The reserved portion is the minimum inheritance benefit that the law reserves for a specific heir. Even with a will or living gift arrangement, it may be necessary to assess whether the reserved portion has been infringed.
Can a will completely exclude a particular heir?
Not necessarily. If the heir is legally entitled to a reserved portion, the will may still result in deductions due to infringement of that reserved portion.
When should you hire a lawyer for inheritance disputes?
If the issue involves real estate, company shares, multiple heirs, disputes over wills, or the sharing of gifts or care expenses made by the deceased during their lifetime, it is recommended to consult a lawyer as soon as possible.