• I want to consult about inheritance in the Yaizu/Makinohara area
• My father left a will giving everything to my older brother—can I, the younger brother, claim nothing at all?
• I want to learn about the legally reserved portion (iryubun)

Are you facing any of these issues in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or other nearby areas?
At Yaizu Sogo Law Office, we offer a free first-time legal consultation on inheritance and estate matters. Consulting us once does not obligate you to retain us. We are also available on weekday evenings and on Saturdays. Please feel free to contact us by phone or email.

Heirs Have a Legally Guaranteed Minimum Share (Legally Reserved Portion)

A deceased family member may have left a will—perhaps as part of end-of-life planning—that leaves all property to only a specific heir, leaving you with nothing.

In such cases, you may be able to claim your legally reserved portion from the heir who received the bulk of the estate.

It is a common misconception that "a will controls everything." In fact, the law guarantees a minimum share to spouses, children, and lineal ascendants.

This is the legally reserved portion system (iryubun seido).

The following is an explanation of the legally reserved portion.

What Is the Legally Reserved Portion?

The legally reserved portion (iryubun) is the minimum amount of inherited property guaranteed by law to certain heirs.

The Civil Code sets out rules on statutory heirs and statutory shares—determining who inherits and in what proportions—but these rules can be freely altered by the decedent's will. Accordingly, a decedent may leave all property to a specific heir, or make gifts to non-heirs (such as friends or caregivers with no blood relation).

However, allowing the testator completely free disposition would excessively betray heirs' reasonable expectations. For this reason, the Civil Code guarantees certain heirs a minimum share—the legally reserved portion.

By claiming the legally reserved portion (claim for infringement of the legally reserved portion) against the person who received the bulk of the decedent's property, it becomes possible to prevent a situation where some heirs receive nothing at all.

Key Practical Point

The legally reserved portion is not "money you receive automatically."

If you do not make a claim, you will receive nothing.

Moreover, the claim is subject to a short statute of limitations (one year, as a general rule), so prompt action is essential.

Heirs Who May Claim the Legally Reserved Portion

Among heirs, those who may claim the legally reserved portion are: (i) the spouse, (ii) children, and (iii) lineal ascendants (parents/grandparents). (iv) Siblings have no legally reserved portion.

"If the only heirs are siblings," there is no legally reserved portion at all. This is a major practical pitfall.

Cases Where the Legally Reserved Portion Cannot Be Claimed

Even spouses, children, and lineal ascendants (parents/grandparents) cannot claim the legally reserved portion in the following situations.

(i) Renunciation of Inheritance

Renunciation of inheritance is a declaration by an heir that he or she will not succeed to any of the rights or obligations of the decedent.

If a renunciation has been filed with the family court, the legally reserved portion cannot be claimed.

(ii) Disqualification from Inheritance

Disqualification from inheritance is a system that strips an heir of inheritance rights when certain wrongful or egregious grounds specified in the Civil Code (grounds for disqualification) are found.

Examples include intentionally killing the decedent, or forging, destroying, or concealing the decedent's will. In such cases, the legally reserved portion cannot be claimed.

(iii) Disinheritance

Disinheritance is a system by which, when a prospective heir has committed serious misconduct, the decedent may petition the family court in advance to revoke that person's right to inherit.

For example, an heir who has abused or gravely insulted the decedent may be subject to disinheritance. A person who has been disinherited cannot claim the legally reserved portion.

(iv) Waiver of the Legally Reserved Portion

A person who has waived the legally reserved portion also cannot claim it. If the waiver is made before the commencement of inheritance, permission of the family court is required; any agreement to waive among the heirs without such permission is invalid.

Note that even if some heirs waive their legally reserved portion, this does not increase the legally reserved portion of the other heirs.

Points to Note

Particular caution is needed in the following cases:

• After renunciation of inheritance has been made
• Where procedures for pre-mortem waiver of the legally reserved portion have been completed

Once a valid waiver or renunciation is made, it generally cannot be revoked retroactively.

Legally Reserved Portion Ratios

The claimable legally reserved portion is determined by set ratios.

The ratio is one-third (1/3) of the estate when the only statutory heirs are lineal ascendants, and one-half (1/2) in all other cases. This represents the total legally reserved portion for all heirs combined; if there are multiple heirs entitled to claim, this ratio is further apportioned among them according to their statutory shares.

Since words alone can be difficult to follow, let us explain with a concrete example.

Suppose there is an estate of 10 million yen and the heirs are the wife and one child.

In this case, since the heirs are not solely lineal ascendants, the legally reserved portion is 1/2 of 10 million yen, i.e., 5 million yen. This is the total legally reserved portion for all heirs.

The claimants are the spouse and one child. Since the statutory share is 1/2 for the spouse and 1/2 for the child, each receives 1/2 of 5 million yen—that is, 2.5 million yen each as their individually claimable legally reserved portion.

The following table shows some examples.

"Many people confuse the overall legally reserved portion (1/2 or 1/3) with each individual's share (apportioned by statutory shares). Getting this wrong can lead to a significantly incorrect claim amount."

* The children's share of 1/4 is divided between the two children, resulting in 1/8 each.

How to Calculate the Legally Reserved Portion

The specific amount of the legally reserved portion is calculated by multiplying the base estate for the legally reserved portion calculation by each heir's individual share ratio as determined above.

The base estate is normally the decedent's property at the time inheritance commences. If there are negative assets such as debts, they are deducted from the positive assets.

In addition, gifts made by the decedent to heirs within the 10 years preceding commencement of inheritance are also included in the base estate.

Again, since words alone can be difficult, let us explain with a concrete example.

Example

Decedent: Husband (Father)
Heirs: Wife, 2 children (eldest daughter and second daughter)
The decedent left a will leaving all estate property to the eldest daughter.
Decedent's property: 60 million yen in positive assets; 20 million yen in negative assets
10 million yen was gifted to the eldest daughter 2 months before death.

(i) In this case, the wife and the second daughter may claim the legally reserved portion (the eldest daughter, having inherited all the property, is naturally excluded).

(ii) The legally reserved portion ratios are: wife = 1/4 (1/2 x 1/2); second daughter = 1/8 (1/2 x 1/4). The second daughter does not receive the eldest daughter's share, so her ratio is 1/8. Please also refer to the table above.

(iii) The base estate is calculated as: (positive assets at inheritance) + (gifts within 1 year before inheritance) - (negative assets at inheritance) = 60 million + 10 million - 20 million = 50 million yen.

(iv) Finally, multiplying the base estate by each heir's individual share ratio yields the specific amount of the legally reserved portion.
Wife: 50 million yen x 1/4 = 12.5 million yen
Second daughter: 50 million yen x 1/8 = 6.25 million yen
The wife and second daughter may claim from the eldest daughter a legally reserved portion of 12.5 million yen and 6.25 million yen, respectively.

Frequently Arising Issues in Practice

• "When, how much, and to whom" were lifetime gifts made?
• Should real estate be valued at "market value" rather than "fixed asset tax valuation"?
• Could property nominally in another's name actually be "the decedent's property in substance"?

→ A single error on any of these points can change the claim amount by millions of yen.

Statute of Limitations for Claiming the Legally Reserved Portion

A claim for infringement of the legally reserved portion is subject to the following "short statutes of limitations":

General rule	1 year from the time the claimant became aware of both the commencement of inheritance and the infringement
Absolute limit	10 years from the commencement of inheritance

Once this 1-year period expires, as a general rule, no claim can be made at all.

"I don't want to fight with my siblings, so I'll wait and see" or "It's awkward, so I'll put it off"—these are the most dangerous decisions you can make.

Benefits of Engaging a Lawyer for a Legally Reserved Portion Claim

The main benefits of engaging a lawyer for a legally reserved portion claim are as follows:

• You can make the claim without contacting the other party directly
• A thorough investigation of assets (deposits, real estate, securities, lifetime gifts) can be conducted
• The exact amount of the legally reserved portion can be calculated
• Consistent representation from mediation through litigation is available
• A legally advantageous resolution can be achieved while avoiding emotional conflict

"I absolutely do not want to speak directly with my siblings"—in such cases, representation by a lawyer is the optimal solution.

Claiming the Legally Reserved Portion Is Complex

The above is an explanation of the legally reserved portion. Although we used concrete examples, in actual inheritance cases the financial relationships are often complex, and the calculation is rarely this straightforward.

Errors in deciding whether to claim, when to claim, or what amount to claim can result in losses of millions to tens of millions of yen.

If you want to know the specific legally reserved portion you are entitled to claim, or if you wish to make a claim, please consult Yaizu Sogo Law Office.

Frequently Asked Questions

For Your Inheritance Concerns, Consult Yaizu Sogo Law Office

Yaizu Sogo Law Office handles a wide range of inheritance-related matters, including the drafting and execution of wills, renunciation of inheritance, division of estate, and claims for reduction of the statutory reserved share (iryubun).

Inheritance disputes are so notorious for the intense emotional conflict they stir up among heirs — hence their nickname, the "inheritance war" — that disputes can drag on for a long time. This is why consulting a lawyer offers significant benefits.

If you are facing an inheritance issue, please feel free to consult us. The first consultation on inheritance matters is free of charge.

At Yaizu Sogo Law Office, consultations are available not only during weekday daytime hours but also on weekday evenings and on Saturdays. Please call or email us first to make an appointment for a legal consultation.

Are You Troubled by an Inheritance Issue?

• Creating a Will for End-of-Life Planning
• Disputes over How to Divide an Estate (Estate Division)
• Claiming Your Reserved Share of an Estate (Claim for Infringement of Legally Reserved Portion)
• A Family Member Passed Away Leaving Debts Behind (Renunciation of Inheritance)
• Dissatisfied with the Contents of a Will
• Dividing an Inheritance
• What You Need to Know About Filing for Custody of a Holographic Will
• Wills That Bequeath Property Exceeding the Statutory Share of Inheritance to a Specific Heir
• Finding Out Which Court Handles Inheritance Division Mediation
• About the Process of Creating a Notarized Will
• I found a will, but is it all right to open it? (Inspection of a will)
• The Validity of a Will When the Intended Recipient (Legatee) Dies First
• I want to know about the cost of preparing a notarized will
• Can an Estate Division Different from the Will Be Made?
• I want to know what can be specified in a will
• Requirements for a Self-Written Will (Holographic Will)
• I want to correct an error in a handwritten will I made previously
• About the Executor of a Will
• How Life Insurance Proceeds Are Treated in an Inheritance Division Agreement Where the Beneficiary Is Designated as an Heir
• If I renounce my inheritance, who will manage the family grave?
• Want the State to take over inherited land (the Inherited Land National Attribution System)
• Do You Inherit Debts Even After Years of No Contact with Your Parents?

See all articles on inheritance