特留分,遺囑,繼承

The Ministry of Justice will remove provisions regarding the "reserved portion" in the inheritance of siblings' estates, as explained by lawyer Li Yusheng, concerning the validity of wills and reserved portions in civil law inheritance.


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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