{"id":12971,"date":"2026-10-25T15:54:52","date_gmt":"2026-10-25T07:54:52","guid":{"rendered":"https:\/\/fdlaw.com.tw\/?page_id=12971"},"modified":"2026-10-26T01:02:47","modified_gmt":"2026-10-25T17:02:47","slug":"inheritance-lawyer","status":"publish","type":"page","link":"https:\/\/fdlaw.com.tw\/en\/inheritance-lawyer\/","title":{"rendered":"Inheritance Lawyer | Estate Division, Reserved Shares, and High-Asset Inheritance Disputes"},"content":{"rendered":"<style>\n\/* FDLAW inheritance service page 12971 only \u2014 Commercial Primary palette and spacing. *\/\nbody.page-id-12971 main .ct-container{width:100%;max-width:none}body.page-id-12971 main [data-vertical-spacing]{padding-top:0;padding-bottom:0}body.page-id-12971 main .entry-content{max-width:none}body.page-id-12971 main .entry-content>.fd-inheritance{width:100%;max-width:none;margin:0}\nbody.page-id-12971 main .hero-section{width:100%;max-width:none;margin:0;padding:212px 0 0;background:#17324d}body.page-id-12971 main 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class=\"fd-inheritance\">\n<section class=\"fd-hero\"><div class=\"fd-wrap\">\n<p class=\"fd-subtitle\">From estate investigation, real estate division, will validity and reserved portion, to company equity, overseas assets and estate tax disputes, we assist clients in handling complex inheritance legal issues.<\/p>\n<p>Disputes over inheritance are not necessarily just about how to calculate the proportion of inheritance.<\/p>\n<p>When an estate involves multiple properties, company shares, family businesses, bank deposits, overseas assets, or when some heirs have managed and used the deceased&#039;s assets for a long period of time, issues such as the scope of the estate, the value of the assets, the validity of the will, the reserved portion, evidence investigation, and taxation often arise simultaneously.<\/p>\n<p>Fidelity Law Firm assists clients in assessing the division of assets, mediation, litigation, and necessary asset preservation measures, starting from the organization of property and legal relationships, and integrates corporate law, tax, and cross-border legal issues on a case-by-case basis.<\/p>\n<div class=\"fd-actions\"><a class=\"fd-btn\" href=\"https:\/\/line.me\/ti\/p\/@723pifhz\" target=\"_blank\" rel=\"noopener\">Schedule a legal consultation regarding inheritance<\/a><a class=\"fd-btn secondary\" href=\"tel:0277093611\">Phone 02-7709-3611<\/a><\/div>\n<\/div><\/section><section class=\"fd-section fd-band\" id=\"services\"><div class=\"fd-wrap\"><h2>How should one handle the following inheritance issues?<\/h2><div class=\"fd-services\"><article><h3>Multiple heirs unable to reach a division agreement<\/h3><p>First, clarify the qualifications of the heirs, the scope of the estate, the share due, and the distribution plan. Key documents include household registration, inheritance system table, property register, and existing agreements; lawyers can assist in negotiation, family mediation, and court-ordered division, and assess compensation and the method of performance.<\/p><\/article><article><h3>Someone is occupying the property, managing the deposits, or refusing to hand over documents.<\/h3><p>The dispute centers on the source of management rights, actual use, and destination of funds. Property transcripts, account information, and records of income and expenditure should be preserved; lawyers can assess claims for retrieval, return, or use of this information, as well as necessary evidence or property preservation.<\/p><\/article><article><h3>A will favoring a specific person has sparked controversy over the reserved portion of the estate.<\/h3><p>The will&#039;s form, true intent, commencement date of inheritance, and minimum guarantees must be examined simultaneously. The original will, the background of its signing, and details of the testator&#039;s assets and liabilities should be available. A lawyer can assess the will&#039;s validity, deductions, and division procedures; an unequal distribution does not presume the entire will to be invalid.<\/p><\/article><article><h3>He had bequeathed important assets to his children or third parties during his lifetime.<\/h3><p>First, confirm the legal relationship of the gift, sale, nominee arrangement, or other legal relationship, rather than directly demanding recovery. The contract, the reason for registration, the flow of payments, and the purpose of the gift are important evidence for assessing validity, deductions, and other civil claims, and tax law concurrence issues must be handled separately.<\/p><\/article><article><h3>An estate includes company shares and family businesses.<\/h3><p>First, distinguish between shares, capital contributions, and the company&#039;s own assets. Then, examine the valuation, articles of association, shareholder agreement, register, and division of responsibilities. Lawyers can assist with share allocation, exercise of rights, registration changes, and dispute resolution, avoiding conflicts between the division agreement and company procedures.<\/p><\/article><article><h3>Heritage scattered across Taiwan and overseas<\/h3><p>It is necessary to clarify nationality, location of assets, and local procedures and taxes. Documents such as identity documents, death and kinship certificates, foreign wills, and account or registration information should be prepared. A lawyer can first compile the applicable law and jurisdiction, and then collaborate with local lawyers or professional agencies as needed.<\/p><\/article><\/div><\/div><\/section><section class=\"fd-section\" id=\"partition\"><div class=\"fd-wrap\"><h2>If you can&#039;t reach an agreement on the division of an estate, can you file a lawsuit in court?<\/h2><p>according to<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0000001&amp;flno=1151\" target=\"_blank\" rel=\"noopener\">Article 1151 of the Civil Code<\/a>Before the division of the estate, multiple heirs jointly owned the entire estate; according to<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0000001&amp;flno=1164\" target=\"_blank\" rel=\"noopener\">Article 1164<\/a>In principle, a request for division can be made, but it must be confirmed whether there are any restrictions under law, contract, or valid will. Not every heir has already acquired a specific portion of each house that can be disposed of individually.<\/p><p>Before proceeding, the identity of the deceased and heirs, any circumstances of renunciation of inheritance, a complete inventory of the estate, and the ownership of debts and property should be confirmed. If there are any omissions of heirs, nominee registrations, or disputes over the scope of the estate, these should be clarified first or addressed together through appropriate procedures. An estate tax list cannot replace a civil ownership investigation.<\/p><p>A division agreement requires the consent of all parties and must clearly specify the allocation, compensation, delivery, and registration obligations. If no agreement can be reached, a court judgment may be sought in accordance with the law;<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0010048&amp;flno=23\" target=\"_blank\" rel=\"noopener\">Article 23 of the Family Law<\/a>In principle, family mediation should be conducted first, followed by adjudication according to procedure. This is not entirely the same legal relationship as the division of jointly owned property.<\/p><p>The court may not necessarily divide each piece of property equally. Real estate may involve in-kind distribution, monetary compensation, or sale; cash and stocks also have different transfer methods. A solution needs to be proposed based on a comprehensive consideration of each heir&#039;s rights, the nature and value of the property, debts, and actual ability to pay. Generally, divorce, parental rights, and support disputes are handled by our firm&#039;s existing...<a href=\"https:\/\/fdlaw.com.tw\/en\/familylaw\/\">Family law services<\/a>Assist in the assessment.<\/p><p>about<a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/estate-partition-lawsuit\/\">Disagreements over inheritance division, occupancy of inherited property, and court division proceedings<\/a>This allows for further understanding of the relevant evidence and the court&#039;s handling of the case.<\/p><\/div><\/section><section class=\"fd-section fd-band\" id=\"possession\"><div class=\"fd-wrap\"><h2>What if a house or land is occupied by other heirs, or the whereabouts of the inheritance are unknown?<\/h2><p>If someone lives alone in an inherited property, refuses to hand over the keys, or collects rent for an extended period, it should first be investigated whether there was any prior authorization, lease, division of responsibilities, or arrangements for use among the heirs, and whether the rights of other heirs have been excluded. Claims for compensation for use, return, unjust enrichment, or damages must be determined separately based on the basis, duration, and amount of the claim; they cannot be simply calculated based on rent.<\/p><p>In cases of unusual withdrawals or transfers, account transactions before and after the death, the withdrawer and authorization, medical care expenses, and gift or loan documents should be compared. Bank balances, property registrations, and actual fund flows should be verified separately; the mere existence of withdrawal records is insufficient to directly establish embezzlement or other crimes.<\/p><p>If evidence may be lost or property may be disposed of, the nature of the request may be assessed for evidence preservation, provisional attachment, or provisional disposal. The rights and necessity of the desired preservation must be clearly stated, and the risks of security and procedures must be assessed; a family dispute does not necessarily guarantee the freezing of all assets.<\/p><\/div><\/section><section class=\"fd-section\" id=\"will-legitime\"><div class=\"fd-wrap\"><h2>If a will leaves all property to one person, do the other heirs still have rights?<\/h2><p>Testamentary freedom is still subject to legal restrictions. It should be determined first according to the law.<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0000001&amp;flno=1187\" target=\"_blank\" rel=\"noopener\">Article 1187 of the Civil Code<\/a>In accordance with the relevant regulations on wills, verify the form of the will, the testator&#039;s capacity to make a will, and its validity, and then distinguish between the statutory inheritance share and the reserved share: the statutory inheritance share is the proportion of inheritance according to law, while the reserved share is the minimum guarantee for a specific heir, not the amount that each person can receive on average.<\/p><p>The calculation of reserved points must be based on<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0000001&amp;flno=1224\" target=\"_blank\" rel=\"noopener\">Article 1224 of the Civil Code<\/a>Handling inherited property and debts, and confirming whether the actual acquired property is insufficient; in accordance with<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0000001&amp;flno=1225\" target=\"_blank\" rel=\"noopener\">Article 1225<\/a>Deductions and corresponding requests can only be assessed when applicable conditions are met. The nature of a will specifying a method of division, and the difference between a bequest and a gift made during one&#039;s lifetime, means that deductions cannot be directly applied to all transfers.<\/p><div class=\"fd-note\"><p><strong>Legal Update (October 2026):<\/strong>The amendment to Article 1223 of the Civil Code, which removes the reserved share for siblings, was promulgated on August 17, 2026, and will take effect on February 17, 2027, in accordance with Article 12 of the Enforcement Law of the Inheritance Section of the Civil Code. As of the time of this page&#039;s update, it has not yet come into effect; therefore, the promulgation date cannot be considered the effective date.<\/p><p>According to Article 1147 of the Civil Code, inheritance begins upon death; the distinction between the old and new laws should be made based on the time of commencement of inheritance and the applicable and transitional provisions, not just on when a will was made or a lawsuit was filed. Siblings still retain their third-order statutory inheritance rights under Article 1138 of the Civil Code; deleting the reserved portion does not equate to deleting all inheritance rights.<\/p><\/div><p>Our firm&#039;s lawyer, Li Yusheng, has previously...<a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/legitime\/\">Special provisions for siblings and testamentary freedom<\/a>Interview with Mirror News. This article retains the June 2026 report and subsequent updates; media commentary does not imply that this firm is liable for any inheritance cases. Other legislative proposals regarding special contributions, discretionary grants of estates, or time limits for estate division cannot be considered as implemented regulations simply because they were once proposed.<\/p><\/div><\/section><section class=\"fd-section fd-band\" id=\"lifetime-gifts\"><div class=\"fd-wrap\"><h2>If parents have gifted part of their property or savings to their children before their death, can the other heirs claim it?<\/h2><p>A genuine and valid gift made during one&#039;s lifetime will not automatically become invalid simply because other children believe the distribution is unfair. The donor&#039;s intent and capacity, the contract, the reason for registration, the funds, and the actual management of the funds should be examined before determining whether there is any invalidity, nominee registration, or other claims. One cannot conclude that it is a sham sale or malicious transfer of assets based solely on the statements of family members.<\/p><p><a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0000001&amp;flno=1173\" target=\"_blank\" rel=\"noopener\">Article 1173 of the Civil Code<\/a>Special gift deductions are for gifts received by heirs due to marriage, separation, or business operations, provided that the heirs did not object to the deduction at the time of the gift. In such cases, the value is included in the calculation and deducted from their share of the inheritance. Not all gifts received during a person&#039;s lifetime necessarily require the return of the original item.<\/p><p>Wills, bequests, deductions for reserved portions, and other claims for gratuitous transfers must be assessed separately. Tax law has rules for the combined calculation of property gifted to specific relatives within two years prior to death, but...<strong>The inclusion of taxable assets in the total estate value does not necessarily mean that the property will directly become the subject of civil division.<\/strong>Gifts made within two years cannot be automatically considered property that can be revoked, recovered, or divided by other heirs.<\/p><p>about<a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/lifetime-gift-inheritance-dispute\/\">\u751f\u524d\u8d08\u8207\u3001\u7279\u7a2e\u8d08\u8207\u6b78\u6263\u8207\u7279\u7559\u5206\u722d\u8b70<\/a>\uff0c\u53ef\u9032\u4e00\u6b65\u4e86\u89e3\u8d08\u8207\u6548\u529b\u3001\u8b49\u64da\u8207\u8a34\u8a1f\u8acb\u6c42\u7684\u5340\u5225\u3002<\/p><\/div><\/section><section class=\"fd-section\" id=\"company-shares\"><div class=\"fd-wrap\"><h2>If the deceased leaves behind company shares, how should the heirs handle the management rights and share distribution?<\/h2><p>Shares are the property of the deceased, while company accounts, equipment, or properties owned by the deceased belong to the company. Inheriting shares does not equate to directly inheriting company assets, nor does it mean assuming a directorship or acquiring full control. The shareholding or capital contribution, pledges, valuation, and tax information should be confirmed first, and the division plan should be aligned with the company&#039;s governance procedures.<\/p><h3>Joint-stock companies and limited liability companies should be handled separately.<\/h3><p>Joint-stock companies should verify the shareholder register, share types, articles of association, and shareholder agreement. When shares are jointly owned by several persons, arrangements for the exercise of shareholder rights under Article 160 of the Companies Act must be handled, and the register and necessary transfer documents must be confirmed. Closed-end companies, preferred shares, or indeterminate restrictions must also have their scope and validity examined individually.<\/p><p>In a limited liability company, the inherited capital contribution is subject to corresponding changes to the articles of association and company registration. The Ministry of Economic Affairs clarified that inheritance upon death differs from the transfer of capital contribution; the former is not always subject to the requirement of other shareholders&#039; consent under Article 111 of the Company Law. If the capital contribution is subsequently transferred to another party, the transfer procedure must be verified separately. Other types of businesses cannot be directly compared to joint-stock companies.<\/p><p>When family members disagree on valuation, compensation, voting rights, or board arrangements, a lawyer can take into account...<a href=\"https:\/\/fdlaw.com.tw\/en\/commercial\/\">Company Law and Business Dispute Resolution<\/a>Assist in reviewing the articles of association, agreements, and meeting procedures, and with<a href=\"https:\/\/fdlaw.com.tw\/en\/tax\/\">Tax issues related to equity inheritance<\/a>The two should be evaluated together to avoid situations where the division cannot be implemented due to company procedures.<\/p><p>\u95dc\u65bc\u5171\u540c\u80a1\u4efd\u8868\u6c7a\u3001\u516c\u53f8\u63a5\u73ed\u8207\u4f30\u50f9\uff0c\u53ef\u9032\u4e00\u6b65\u4e86\u89e3<a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/company-share-inheritance-control-dispute\/\">\u516c\u53f8\u80a1\u6b0a\u7e7c\u627f\u3001\u5bb6\u65cf\u4f01\u696d\u7d93\u71df\u6b0a\u8207\u80a1\u6b0a\u5206\u5272\u722d\u8b70<\/a>.<\/p><\/div><\/section><section class=\"fd-section fd-band\" id=\"cross-border\"><div class=\"fd-wrap\"><h2>What should be done if the deceased has overseas property, foreign nationality, or the heirs reside overseas?<\/h2><p><a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0000007&amp;flno=58\" target=\"_blank\" rel=\"noopener\">Article 58 of the Law on the Application of Law in Foreign-related Civil Cases<\/a>The principle of using the law of the deceased&#039;s home country at the time of death as the applicable law for inheritance is followed by a proviso that Taiwanese citizens can inherit estates in Taiwan. International jurisdiction, applicable law for inheritance, and property rights and registration systems in the location of the property are different issues. It cannot be assumed that all overseas estates are handled under Taiwanese civil law or that all cases must be brought in Taiwan simply because the heir resides in Taiwan.<\/p><p>Foreign wills must be examined for their validity, effectiveness, and procedure in accordance with Articles 60 and 61 of the Act. Death and kinship certificates, the original will, foreign court documents, translations or verifications, and overseas bank and real estate information can all affect the proceedings. Even if a Taiwanese judgment is obtained, the requirements for recognition, enforcement, and transfer of ownership in the testator&#039;s jurisdiction must be confirmed separately.<\/p><p>The scope of Taiwan&#039;s estate tax, whether levied domestically or internationally, depends on the nationality of the deceased and their habitual residence as defined by tax law, not solely on the location of the assets. Attorney Li Yu-sheng can communicate and discuss documents directly in English and collaborate with foreign lawyers or professional organizations as needed; however, he does not guarantee direct representation in all foreign jurisdictions.<\/p><\/div><\/section><section class=\"fd-section\" id=\"estate-tax\"><div class=\"fd-wrap\"><h2>The division of an estate involves high estate taxes. How should legal and tax issues be handled together?<\/h2><p>Estate declarations, property ownership agreements, and division agreements should be reviewed simultaneously but not interchangeably. Generally, estate tax declarations must be filed within six months of the day following death; extensions should be applied for legally before the expiration date if there are legitimate reasons, and the deadline will not automatically end until the family has reached an agreement. Tax valuations are not necessarily equal to the market value used in civil division.<\/p><div class=\"fd-note\"><p><strong>Legislative Tax Amendment in 2026:<\/strong>The revised provisions of the Estate and Gift Tax Act, promulgated on September 11, 2026, took effect on September 13, 2026, in accordance with Article 59 and Article 13 of the Central Legal Standards Act. As of October 2026, it had been in effect; however, whether previous provisions apply still depends on the date of death, the progress of tax assessment, and the various transitional provisions, and cannot be applied retroactively.<\/p><\/div><h3>Constructing estate tax liability and spousal property claims<\/h3><p>According to the revised<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=G0340072&amp;flno=6\" target=\"_blank\" rel=\"noopener\">Article 6 of the Inheritance and Gift Tax Act<\/a>Article 15, Paragraph 1 stipulates that when donated property is included in the total estate, the tax calculated proportionally is borne by the donee, with limited liability. Article 6, Paragraph 5 further stipulates the application of Paragraph 3 to cases where death occurred between October 28, 2024, and the deceased&#039;s spouse abandoned or lost their inheritance rights. The entire tax burden cannot be shifted to other heirs simply because the property is included in the estate.<\/p><p>The right of a spouse to claim a share of the remaining assets differs from the right to inherit an estate. (According to the revised version)<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=G0340072&amp;flno=17-1\" target=\"_blank\" rel=\"noopener\">Article 17 of 1<\/a>Property gifted to a spouse before death is considered existing property when calculating deductible amounts, and there are rules for pursuing taxes on actual payments and unpaid payments; a tax calculation fiction cannot be regarded as a civil payment already performed.<\/p><h3>Property rights judgment, declaration and tax payment funds<\/h3><p>According to the revised<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=G0340072&amp;flno=23\" target=\"_blank\" rel=\"noopener\">Article 23<\/a>Property that is confirmed as the deceased&#039;s property by a judgment or equivalent document after death is subject to a supplementary declaration within six months from the date the judgment or document is made. Other known assets are not subject to this postponement of declaration, and the declaration period and obligation must be verified separately for each.<\/p><p>Revised<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=G0340072&amp;flno=30\" target=\"_blank\" rel=\"noopener\">Article 30<\/a>The threshold of 300,000 yuan for installment payments has been removed, but a one-time cash payment difficulty and application within the specified period are still required; in-kind payment still has its own amount and applicable conditions and cannot be confused with the previous method. Payment of estate tax using estate deposits can be applied for by statutory majority consent, but this exception cannot be directly applied to the estate tax amount proposed under Article 6, Paragraph 3 paid by the donee. Old pending cases are subject to the amended provisions and transitional clauses favorable to the old law.<\/p><p>When dealing with discrepancies between tax assessments and property ownership, reviews, appeals, or administrative litigation, the circumstances surrounding the death, including transactions before and after the death, property inventories, assessment notices, and service dates, should be considered. Our firm can provide assistance.<a href=\"https:\/\/fdlaw.com.tw\/en\/tax\/\">Estate tax assessment and tax administrative remedies<\/a>The tax payment funds, transfer certificates, and the division of responsibilities will be arranged together.<\/p><\/div><\/section><section class=\"fd-section fd-band\" id=\"professional\"><div class=\"fd-wrap\"><h2>How does Fidelity Law Firm assist with high-net-worth inheritance and family property disputes?<\/h2><p>Presiding attorney<a href=\"https:\/\/fdlaw.com.tw\/en\/team\/charles-lee\/\">Lawyer Li Yusheng<\/a>With approximately 20 years of legal practice experience, she previously served as the assistant manager of the legal department at Deloitte Touche Tohmatsu Certified Public Accountants. She has experience in corporate law, taxation, and litigation, and can analyze complex legal issues by combining family, civil, and property information.<\/p><p>Our firm prioritizes compiling verifiable information regarding heirs, assets, debts, transactions, and key timeframes before comparing the costs and effectiveness of negotiation, mediation, litigation, and asset preservation. When dealing with English documents or overseas assets, we can assist with cross-border communication and division of labor, helping clients understand the risks, costs, and feasibility of each option.<\/p><\/div><\/section><section class=\"fd-section\" id=\"engagement\"><div class=\"fd-wrap\"><h2>How can one appoint a lawyer in cases of inheritance and family property disputes?<\/h2><div class=\"fd-steps\"><article><h3>A | Assessment of the scope and legal issues of the estate<\/h3><p>Verify the list of heirs, property ownership, wills, debts, gifts, and important time limits, and identify any gaps in the data and feasible procedures.<\/p><\/article><article><h3>B | Division of assets negotiation, family mediation, and litigation<\/h3><p>Discuss allocation and compensation plans, handle agreement terms, and prepare for mediation, division of assets by court, and investigation of evidence as needed.<\/p><\/article><article><h3>C | Disputes concerning wills, reserved portions, and transfer of property<\/h3><p>Distinguish between the validity of a will, deductions, appropriations, nominee claims, or other requests, and assess claims based on evidence and applicable law.<\/p><\/article><article><h3>D | Equity, Taxation, and Cross-border Inheritance<\/h3><p>Integrate company documents, valuations, tax procedures, and overseas collaborations to confirm the division of responsibilities and local professional needs.<\/p><\/article><\/div><p>Please provide a case summary, details of the heirs, type of property, existing documents, and recent procedural deadlines. Our firm will specify the scope of the engagement and fees based on the amount of documentation, the issues in dispute, the stage of the proceedings, and the services offered, subject to a formal agreement.<\/p><\/div><\/section><section class=\"fd-section fd-band\" id=\"faq\"><div class=\"fd-wrap\"><h2>Common Issues in Inheritance and Division of Estates<\/h2><div class=\"fd-faq\"><details><summary>If siblings disagree on the division of an inheritance, can they directly file a lawsuit in court?<\/summary><p>If no agreement can be reached, a court may be requested to divide the property according to law; however, family mediation should usually be attempted first, and a direct request to the court for a judgment may be converted into mediation according to law. It is necessary to confirm all heirs, the estate register, and whether there are any restrictions prohibiting division; suing only one person occupying the house cannot be considered as completing the entire division process.<\/p><\/details><details><summary>If an heir lives alone in an inherited house, can they claim compensation?<\/summary><p>It&#039;s possible, but not necessarily true that you have to pay rent just because you live alone. It&#039;s necessary to investigate whether there&#039;s a usage agreement, the deceased&#039;s pre-death arrangements, the source of the right to occupy the property, and any other circumstances affecting the rights of the heirs. Then, an assessment of unjust enrichment, restitution, or other claims, as well as the period and amount that can be asserted, must be conducted.<\/p><\/details><details><summary>What happens to the other children if their parents leave all their property to one child in their will?<\/summary><p>First, confirm the form of the will, the testator&#039;s capacity to make a will, the qualifications of the heirs, and the estate and debts, then calculate whether the reserved portion is insufficient. If the requirements are met, an assessment can be made to deduct and request corresponding division or return; an entire will is not invalid simply because of an unequal distribution.<\/p><\/details><details><summary>Has the reserved points for siblings been deleted in 2026?<\/summary><p>The deletion provisions were amended and published on August 17, 2026, but took effect on February 17, 2027. As of October 2026, they had not yet taken effect; their validity should be determined based on the commencement date of inheritance and applicable regulations. The third-order statutory inheritance rights of siblings were not thus deleted.<\/p><\/details><details><summary>If parents transfer a house to one of their children before their death, can the other children still claim a share?<\/summary><p>Not necessarily. A genuine and valid gift made during one&#039;s lifetime cannot, in principle, be reclaimed simply because other children feel it&#039;s unfair; special deductions, nominee donations, invalidity, or other specific claims must be examined separately. The inclusion of specific gifts made within two years of death in the tax calculation does not automatically mean the house reverts to the civil estate.<\/p><\/details><details><summary>After the transfer of company shares, can the heir directly take over the company?<\/summary><p>It cannot be generalized. What is inherited is shareholder equity, not all of the company&#039;s assets or director positions. It must be handled according to the company type, articles of association, shareholder register, the exercise of rights of jointly owned shares, and the procedures for electing directors. Equity allocation and management should be assessed separately.<\/p><\/details><details><summary>If an estate includes overseas real estate, can Taiwanese courts handle it?<\/summary><p>A conclusion cannot be drawn solely based on the heir&#039;s residence in Taiwan. It is necessary to distinguish between international jurisdiction, the applicable law of inheritance, the law of the location of the real estate, and foreign registration, recognition, and enforcement requirements. Collaboration from a lawyer in the heir&#039;s place of residence may be necessary; a Taiwanese court ruling does not guarantee a direct completion of the overseas transfer.<\/p><\/details><details><summary>If the estate has not yet been divided, is it still necessary to file an estate tax declaration first?<\/summary><p>In principle, the statutory reporting period must still be observed, and it will not automatically cease due to ongoing family negotiations or litigation. Generally, reporting should be completed within six months from the day following death; if there is a legitimate reason to apply for an extension before the expiration of the deadline, or if ownership is only determined by judgment or other confirmation after death, there are separate supplementary reporting provisions.<\/p><\/details><\/div><\/div><\/section><section class=\"fd-section fd-contact\" id=\"contact\"><div class=\"fd-wrap\"><h2>Are you facing disputes over estate division, wills, reserved portions, or family property?<\/h2><p>When an estate involves multiple heirs, real estate, company shares, overseas assets, or high-value property transfers, you can first compile information on the heirs, an estate register, wills, gift and property transaction documents, and have Fidelity Law Firm assist in assessing legal rights, evidence, and appropriate procedures.<\/p><div class=\"fd-actions\"><a class=\"fd-btn\" href=\"https:\/\/line.me\/ti\/p\/@723pifhz\" target=\"_blank\" rel=\"noopener\">Schedule a legal consultation regarding inheritance<\/a><a class=\"fd-btn secondary\" href=\"https:\/\/fdlaw.com.tw\/en\/contact\/\">Contact Fidelity Law Firm<\/a><\/div><div class=\"fd-contact-data\"><a href=\"tel:0277093611\">02-7709-3611<\/a><a href=\"https:\/\/line.me\/ti\/p\/@723pifhz\" target=\"_blank\" rel=\"noopener\">LINE: @fdlaw<\/a><a href=\"mailto:info@fdlaw.com.tw\">info@fdlaw.com.tw<\/a><\/div><p>17th Floor, No. 180, Section 2, Dunhua South Road, Da&#039;an District, Taipei City.<\/p><\/div><\/section><section class=\"fd-section fd-sources\" id=\"sources\"><div class=\"fd-wrap\"><h2>Regulations and Information Updates<\/h2><p>The legal information on this page is updated to October 2026. You can view it.<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=B0000006&amp;flno=12\" target=\"_blank\" rel=\"noopener\">Article 12 of the Implementation Law of the Inheritance Chapter of the Civil Code<\/a>,<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=G0340072&amp;flno=59\" target=\"_blank\" rel=\"noopener\">Section 59 of the Estate and Gift Tax Act<\/a>and<a href=\"https:\/\/gcis.nat.gov.tw\/elaw\/constructionDetailFromSingleLaw?art=111&amp;dash=0&amp;lawCode=19\" target=\"_blank\" rel=\"noopener\">Interpretation of Capital Contribution and Inheritance by Ministry of Economic Affairs Limited<\/a>The specific rights and duration should still be determined based on the commencement time of inheritance, relevant documents, applicable laws, and the facts of each case.<\/p><\/div><\/section><\/div>","protected":false},"excerpt":{"rendered":"<p>\u5f9e\u907a\u7522\u8abf\u67e5\u3001\u4e0d\u52d5\u7522\u5206\u5272\u3001\u907a\u56d1\u6548\u529b\u8207\u7279\u7559\u5206\uff0c\u5230\u516c\u53f8\u80a1\u6b0a\u3001\u6d77\u5916\u8cc7\u7522\u53ca\u907a\u7522\u7a05\u722d\u8b70\uff0c\u5354\u52a9\u7576\u4e8b\u4eba\u8655\u7406\u8907\u96dc\u7e7c\u627f\u6cd5\u5f8b\u554f\u984c\u3002  [&hellip;]<\/p>","protected":false},"author":1,"featured_media":7429,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"qubely_global_settings":"","qubely_interactions":"","footnotes":""},"class_list":["post-12971","page","type-page","status-publish","has-post-thumbnail","hentry"],"blocksy_meta":[],"_links":{"self":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/pages\/12971","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/comments?post=12971"}],"version-history":[{"count":7,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/pages\/12971\/revisions"}],"predecessor-version":[{"id":13009,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/pages\/12971\/revisions\/13009"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/media\/7429"}],"wp:attachment":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/media?parent=12971"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}