• I want to consult about inheritance in Yaizu/Makinohara
• A will has been found, but my share is too small
• I want to contest the contents of the will

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.

When the Validity of a Will Is Disputed

In cases where (1) the handwriting on the will does not match that of the testator and is likely to have been forged by someone else, (2) the will does not comply with the formalities prescribed by the Civil Code, or (3) the testator was already suffering from advanced dementia at the time the will was made and was incapable of creating such a will of their own volition, disputes may arise among the heirs regarding the validity of the will. If the dispute cannot be resolved through negotiation, a lawsuit to confirm the invalidity of the will must be filed with the court.

Key Points in Practice

• Simply stating that "the handwriting looks similar" or "something seems off" is insufficient; objective evidence such as handwriting analysis and medical records is required
• Dementia does not automatically invalidate a will; the issue is whether the testator had mental capacity at the time of execution
• A lawsuit to confirm the invalidity of a will involves significant time, expense, and emotional burden

When the Validity of a Will Is Not Disputed

(1) Regarding Claims for Reduction of Testamentary Gifts (Claims for Payment of the Legally Reserved Portion)

In recent years, an increasing number of people have been consulting our office about end-of-life planning. As part of such planning, the number of people leaving wills has also been on the rise.

A person is free to decide by will how their property shall be disposed of after death. However, based on the principle that "the bereaved family members who depended on the deceased's property for their livelihood should be protected," certain statutory heirs are guaranteed a fixed proportion of the estate regardless of the contents of the will. This is known as the legally reserved portion (iryubun) system. Heirs entitled to a legally reserved portion (iryubun kenrisha) may exercise their right to claim reduction of testamentary gifts (or claim for payment of the legally reserved portion) to recover their share when the reserved portion has been infringed.

The heirs entitled to a legally reserved portion are the spouse, lineal descendants such as children and grandchildren, and lineal ascendants such as parents and grandparents. Siblings are excluded. The Civil Code provides for the overall reserved portion: when only lineal ascendants are heirs, it is one-third of the decedent's estate; when the spouse or lineal descendants are heirs, the proportion is larger, set at one-half of the decedent's estate. Each heir's individual reserved portion is calculated by multiplying the overall reserved portion by that heir's statutory share of inheritance.

Thus, if the contents of a will infringe upon the legally reserved portion, you may exercise the right to claim reduction of testamentary gifts and recover your reserved portion.

For more details on the legally reserved portion, please also refer to our article "Claiming Your Legally Reserved Portion (Claim for Payment of the Reserved Portion)."

Key Points in Practice

• The legally reserved portion is not a "right that is automatically granted"
• Without making a claim, you cannot recover a single yen
• Moreover, there is an extremely short statute of limitations of "one year in principle"

→ "Waiting to see how things go…" is the most common reason for losing your rights.

Criteria for Deciding Whether to Assert Invalidity of a Will or Claim the Legally Reserved Portion

In practice,

• The will itself is suspicious → Lawsuit to confirm invalidity of the will
• The will is valid but your share is too small → Claim for payment of the legally reserved portion

The approach differs significantly depending on the circumstances.

Important Cautions When You Are Dissatisfied with the Contents of a Will

• Engaging in emotional discussions directly with the other party may result in risks such as evidence concealment or disposal of assets
• Signing "just a signature for now" or a "provisional agreement" may prevent you from contesting the matter later
• In relation to the inheritance tax filing deadline (10 months), delayed action may also result in tax disadvantages

Summary

If you are dissatisfied with the contents of a will,

• ① The possibility that the will itself is invalid
• ② The possibility that the will is valid but the legally reserved portion has been infringed

You will need to consider one of these options, but the approach to contesting depends on the facts and available evidence.

Will disputes are a field where law, evidence, and emotions are intricately intertwined.

Rather than bearing the burden alone, involving a professional at an early stage will ultimately lead to the most amicable and favorable resolution.

If you are in the Yaizu or Makinohara area and are troubled by dissatisfaction with the contents of a will, please do not hesitate to consult Yaizu Sogo Law Office, even if only to determine whether your case is contestable.

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