What is the Legally Secured Portion ?
AKIRA YAMAMOTO.AKIRAThe Legally Secured Portion (or iryuubun) is the minimum percentage of a deceased person's estate that a select group of legal heirs is guaranteed to inherit under Japanese Civil Law.
This right acts as a fundamental safeguard to prevent a will from completely disinheriting close relatives.
However, please note that the deceased person's siblings are not recognized as being entitled to a Legally Secured Portion.
If a legal heir who is entitled to a secured portion finds that their share of the inheritance has been infringed upon (i.e., they received less than their legal minimum), they can file a "claim for the secured portion's infringement amount". This action allows the heir to claim the equivalent of the infringed amount in cash from the person who received the excess inheritance (e.g., another heir or a specific beneficiary).
Of course, even if your Legally Secured Portion is violated, the decision to pursue a "claim for the secured portion's infringement amount" is entirely up to you.
If you are considering creating a will for the future, it is crucial to take this concept of the Legally Secured Portion into account to minimize the potential for conflicts among your family members after your passing.
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