International Family Law regarding Divorce, 1980 Hague Child Abduction Cases, and Inheritance
Legal Profession Corporation CastGlobal Kawaguchi Office
303 Second Masaki Building, 2-4-5 Namiki, Kawaguchi City Saitama Prefecture, 332-0034, Greater Tokyo Area Half an hour train ride from Central Tokyo
E-mail: info@mimoza-law-office.net
Office Hours 9:30~17:30
on weekdays Legal Consultation weekdays and the weekend
(We ask the prior appointment via e-mail ).
048-271-5085
The spouse of a decedent will always be an heir (Civil Code Art. 890).
With regard to the priority of heirs by blood
1 Child
2 Lineal Ascendants
3 Siblings
(Civil Code Art. 887(1), 889(1))
Adopted cildren are regarded as children, and are heirs.
Minors, unborn children, and absentees are heirs.
If there are two or more heirs of the same rank, their shares in inheritance will be determined by the following items.
A child and a spouse are heirs: A child 1/2; A spouse 1/2
A spouse and lineal ascendant are heirs:
A spouse 2/3 A lineal ascendant 1/3
A spouse and siblings are heirs: A spouse 3/4 Siblings 1/4
The inheritance of each shall be divided equally.
(Civil Code Art.900)
If a decedent‘s child has died before the commencement of inheritance, the child of the decedent’s child shall be an heir as an heir per stirpes; provided that this shall not apply if the child is not a lineal descendant ofthe decedent.
If the child of the decedent’s child has died before the commencement of inheritance, the child of the child of the decedent's child shall be an heir as an heir per stirpes.
(Civil Code Art.887(2),(3))
This means, the decedent’s grandchildren will be the heirs if the decedent’s child had passed away before the decedent passed away.
If the decedent’s grandchildren passed away before the decedent passed away, the decedent’s great-grandchildren will be heirs.
×the decedent’s child ○the decedent’s grandchildren
×the decedent’s grandchildren ○the decedent’s greatgrandchildren
If a decedent's sibling has died before the commencement of inheritance, the child of the decedent's sibling shall be an heir as an heir per stirpes; provided that this shall not apply if the child is not a lineal descendant of the decedent.(Civil Code Art.889(2))
This means that the decedent’s niece or nephew will be an heir if the decedent’s sibling had passed away before the decedent passed away .
×the decedent’s siblings ○the decedent’s niece or nephew
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048-271-5085
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303 Second Masaki Building, 2-4-5 Namiki, Kawaguchi City Saitama Prefecture, 332-0034, Greater Tokyo Area Half an hour train ride from Central Tokyo
Tel 81+(0)48-271-5085
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