What is Inheritance by Representation ?
AKIRA YAMAMOTO.AKIRA Inheritance by Representation (known in Japan as Daishu Sōzoku) is a legal system where, at the time of an inheritance, the children or other descendants of an intended heir take their place as heirs when the original heir is unable to inherit the estate due to reasons such as prior death.
This representative inheritance is not limited to cases where the original heir is deceased. It also occurs when the original heir has been legally disqualified from inheritance or judicially disinherited.
However, if an original heir voluntarily renounces the inheritance, inheritance by representation does not occur. This is because a person who renounces an inheritance is legally treated as if they were never an heir from the beginning.
The scope of inheritance by representation depends on the original heir's relationship to the deceased:
If the original heir was the deceased person's child, the right to inherit passes down through the direct line of descendants (grandchildren, great-grandchildren, and so on).
If the original heir was the deceased person's sibling, the right to inherit is limited to the sibling's children (i.e., the deceased's nieces and nephews). The right will not pass further down to the sibling's grandchildren.
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