Inheritance law

Legal General Legal Matters
1

When someone dies in Taiwan, does their property go to their living spouse, their children, or is it split between everyone equally? What if the spouse of the person who dies is not the mother of the children? Any effect?

In my wife’s case, she is concerned because her brother thinks their parents house should go entirely to him as he is the oldest son. My wife thinks it should be split between both of them. My wife has lived there since she was 12 and looks after the parents, does the housework, etc, whereas her brother only returns once a month for a few hours. Does a will trump the law? If the person’s will says the house should go to one person, is that it, or does the law prevent that from happening?

Nobody actually knows what the parents want, as they are not sick and nobody wants to ask about inheritance.

Just curious really how it is supposed to work.

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3

What does that mean? All children of the deceased?

4

Fyi

5

So I guess without a will it would be split three ways between the spouse, the daughter and the son. My next question is whether a will that excludes the spouse and one of the children can actually be legally enforced. I remember reading that there is some sort of parental and spousal responsibility that stops things like that from happening. In my wife’s case, I am pretty sure her dad doesn’t have a will anyway, and even if he did it would likely include her so not much to worry about, but again I am just curious.

6

Article 1223 +2 or 3 following articles, you may check, if the number has not been changed since I checked, and iirc.

Children have guaranteed right to half of what they could get when there is no will.

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