What is legally secured portion？
YAMAMOTO.AKIRAAs a general rule, a person can seriously dispose of his or her property by giving a gift or bequest during his lifetime. However, for certain heirs, there is a certain percentage of the inherited property that is legally guaranteed to be acquired.
This is called legally secured portion.
The relationship betweenlegal portion of legacy and legally secured portion is as follows.
Among the inheritance heirs, the heirs whose inheritance amount is less than amount of the legally reserved portion will be infringed on amount of the legally reserved portion and can claim the payment of money equivalent to amount of the legally reserved portion infringement amount.
This is called the right to claim the amount of legally reserved portion.
There is a statute of limitations for the right to claim the amount of infringement of legitime.
This statute of limitations is one year from the start of inheritance and the time when the holder of the right to the legally reserved portion learns that there was a gift or bequest that infringes the inheritance, or ten years from the start of inheritance.
You can also waive the legally reserved portion, but if you waive it before the start of the inheritance, you need the permission of the family court.
If you have any problems with inheritance, please feel free to contact us.
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