• I want to consult about end-of-life planning or inheritance in the Yaizu, Yoshida, Makinohara, Fujieda, and Omaezaki area
• The will stated, "All real estate shall be inherited by the eldest son"
• The will directed that the entire savings be inherited by only one specific child
• I want to learn about Specific Property Succession Wills (Tokutei Zaisan Shokei Yuigon)

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.

What Is a Specific Property Succession Will?

In recent years, end-of-life planning (shukatsu) has become an increasingly popular topic, and the number of people consulting our office about it is on the rise. More and more people are also choosing to prepare a will as part of their end-of-life planning.

A will that directs specific estate assets to be inherited by a specific heir is called a "Specific Property Succession Will" (Tokutei Zaisan Shokei Yuigon) (Civil Code, Article 1014, Paragraph 2).

For example, suppose the decedent has estate assets (real estate and savings) and three heirs (wife, eldest son, and eldest daughter). If the decedent wishes the eldest son to inherit the savings, a will is prepared stating: "All savings shall be inherited by the eldest son."

As a result, even without an inheritance division agreement among the three heirs, the eldest son definitively acquires the savings.

Key Points in Practice

• When the phrase "shall be inherited by" is used, the effect is that the property "vests directly in that heir" without going through inheritance division proceedings
• As a result, in many cases the designated heir can independently complete property registration, bank account closures, and similar procedures
• On the other hand, this type of will is also the most likely to trigger disputes among the other heirs

When Specific Estate Assets Exceed the Heir's Statutory Share of Inheritance

In the above example, this refers to a situation where the amount of savings inherited by the eldest son through the Specific Property Succession Will exceeds his statutory share of inheritance of one-quarter.

In this case, according to judicial precedent, the Specific Property Succession Will is interpreted not only as designating the method of inheritance division but also as specifying an inheritance share that exceeds the statutory share.

In other words, the eldest son definitively acquires savings exceeding his statutory share (one-quarter) through the Specific Property Succession Will, and the remaining real estate is to be divided between the wife and the eldest daughter.

Commonly Misunderstood Points

• A will that "bequeaths inheritance exceeding the statutory share" is, in principle, valid
• Even if other heirs feel it is "unfair," that alone does not render the will invalid
• However, if the will infringes upon the legally reserved portion (iryubun), that is a separate issue

When Specific Estate Assets Fall Below the Statutory Share

In the above example, what happens if the amount of savings inherited by the eldest son falls below his statutory share of inheritance?

In this case, the eldest son may, in addition to the savings, assert his rights over the remaining estate (real estate) to the extent that the inherited savings fall short of his statutory share.

Relationship Between Wills Exceeding the Statutory Share and the "Legally Reserved Portion" (Iryubun)

Even if a will states "the eldest son shall inherit everything" or "a specific heir shall inherit the majority," if the content infringes upon the legally reserved portion, the other heirs may file a "Claim for Payment of the Infringed Reserved Portion Amount" (Iryubun Shingai-gaku Seikyuu).

Those who may claim the legally reserved portion are:

• Spouse
• Children (including grandchildren who inherit by representation)
• Direct ascendants (parents, grandparents)

Siblings do NOT have a legally reserved portion.

Furthermore, the Claim for Payment of the Infringed Reserved Portion Amount is subject to:

General rule	Within 1 year from the time the claimant became aware of the infringement
Maximum	10 years from the commencement of inheritance

These are very short statutes of limitations.

Wills that "bequeath inheritance exceeding the statutory share" overwhelmingly tend to become problematic in conjunction with reserved portion claims.

Practical Flow When a Will Containing "Shall Be Inherited By" Exists

• ① Confirm the format and validity of the will
• ② Determine whether it is a Specific Property Succession Will
• ③ Calculate whether the amount acquired exceeds the statutory share of inheritance
• ④ Assess whether other heirs have a legally reserved portion and calculate the infringement amount
• ⑤ Decide whether to file a Claim for Payment of the Infringed Reserved Portion Amount

If the above steps are followed in the wrong order:

• You may miss out on money you were originally entitled to receive
• You may initiate unnecessary mediation or litigation

Such outcomes are entirely possible.

Summary

As explained above, a will that states "shall be inherited by" an heir in excess of the statutory share is, in principle, valid; however, if there is an infringement of the legally reserved portion, a monetary claim is possible. This is a highly specialized type of will with two distinct aspects.

Even when a will says "shall be inherited by," there are many cases where options still remain, such as: (1) reserved portion claims, (2) invalidation of the will, and (3) inheritance division differing from the will.

If you have any doubts about the contents of a will, or if you are anxious wondering, "Is this will really final?" please do not make judgments on your own. Be sure to consult a professional at least once.

If you are in the Yaizu, Makinohara, Yoshida, or Omaezaki area and are concerned about the validity of a will, please contact Yaizu Sogo Law Office for a consultation.

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