Is it possible under Taiwanese law to completely disown a natural descendent? In countries where this is possible (notoriously the USA except Louisiana) this is normally done by means of a will where a person can freely dispose of the totality of their estate without consideration for family ties.
In the past, disinheritance was used by parents as a form of coercion to force their descendants into unwanted marriages, professions, legal obligations etc.
Many jurisdictions in developed countries today - France being a key example - therefore prohibit disinheritance by imposing a “reserved quota”. This is a portion (normally 50%) of the decedent’s estate that may not be disposed of by means of a will and must go directly to the decedent’s legitimate heirs as designated in the Civil Code or similar. Only the other portion - normally named the “available quota” - can be distributed to others by means of a will.
Are there any similar provisions in Taiwanese law that can stop parents from totally disinheriting one or more of their children? Thank you.
I don’t know about law but if there is son in family daughter/s get almost nothing or nothing. It’s also very common that parents gift property before they die because. I’m guessing that’s tax related.
Will of the father only named one son of four brother to inherit most of his possessions. Brothers contested the will in court and lost. (NT$14 billion inheritance)
I believe there is. According to a Taiwanese lawyer friend of mine, in the past it was common for parents to leave everything to the oldest son and everyone else (especially the daughters) were screwed. This became a serious problem years ago because there were numerous instances where daughters, who had spent their entire lives taking care of their parents, were basically thrown out onto the street once the parents had passed on because the oldest son would either want to move into the home or sell it without concern for his sister. Certain laws were in acted to prevent this from happening. But, there are still families who go through great lengths to circumvent this. Truly wonderful people.
Wonderful news. Do you have the reference to the specific legislation that determines the prohibition of disinheritance? Thanks.
So, in France for example, the “reserved quota” depends on whether the decedent is married or not, and how many children they have. If one has 3 or more children, the reserved quota is 3/4, and so in that case one can only dispose of 1/4 of one’s estate (the available quota) by means of a will. See this link.
Thanks for the link. This is not recent. That will was written in 2014, and the law may have - and hopefully has - changed since then. One would have to read the reasoning of the appellate court, but it may simply be the case that this specific will is valid because the law at the time allowed for this. How wonderful the Ma administration… My question is about the current law. Thanks.
Living wills/early inheritance is a huge thing now, especially when the parents hit a late career income windfall (like selling a business). They typically set up trusts and distribute the money with conditions to their children. Sometimes this works out well, but sometimes it makes the kids lazy. I know a few expats in Taiwan who have a family trust set up and just don’t do anything. Which is also why UBI doesn’t work.
Sorry, no references to any specific legislation. My lawyer friend told me about it while we were having a long discussion about Taiwanese culture etc etc. But, it shouldn’t be too hard to find information about it.