I first looked into who would become the heir
Regarding inheritance, I will start by thinking about the very basic question: "Who actually becomes an heir in the first place?"
What about spouses and children, of course, but what about parents? Do siblings have any involvement?
Even if you think you know, the moment you start thinking about it as a matter for your own family, it suddenly becomes vague.
This time, as an entry point to inheritance, I have organized the basics of "who becomes an heir."
Knowing who the stakeholders are before starting the discussion on inheritance
It seems it is not a case of "the whole family divides it up"
My image of inheritance was that it was something where "the whole family discusses and divides it."
But strictly speaking, that does not seem to be accurate.
Under the law, there are rules for people who can inherit, called "statutory heirs."
Even if they are family, people who do not fall within this scope cannot be legal heirs.
For example, a common-law spouse who has lived together for many years does not become a statutory heir.
The same applies to a divorced former spouse.
A spouse's child from a previous marriage also cannot become an heir unless they have been adopted.
Being "like family" and being a "legal heir" do not necessarily coincide.
Depending on the position, there are "people who become heirs" and "people who do not"
Legalheirs are determined by their relationshipto the deceased person (the decedent).
And,who becomes an heir depends on the order of priorityas follows:
・Even in the same "family," if there are children, the parents do not become heirs.
・If there are no children or parents, the rights pass to the siblings.
・Depending on the family structure, the stakeholders in the inheritance change completely.
The perspective changes when you apply it to your own family
While reading about it as a system, you just think "is that how it is?", but the moment you apply it to your own family, it suddenly becomes realistic.
In my case, my family structure consists of my parents, who are in the late-elderly stage, and three sisters.
When my father passes away, who will become the heir? Should I consider the five family members as the subjects?
There is an order for people who become heirs
Heirs are broadly divided into "spouse" and "others," and "others" have an order of priority.
The spouse always becomes an heir
First, the spouse of the deceased person always becomes an heir (Article 890 of the Civil Code).
Regardless of who else is present,the spouse is always an heir.
However, the spouse referred to hereis limited to a spouse by legal marriage. Common-law partners or partners in a de facto marriage cannot become statutory heirs, no matter how long they have been together.
What happens if there are children?
Other than the spouse, children are the "first priority" heirs (Article 887 of the Civil Code).
If there are multiple children, all of them are heirs. Not only biological children but also adopted children are heirs as well.
Also, children born between unmarried parents become heirs if the father has acknowledged them.
On the other hand, a spouse's child from a previous marriage does not become an heir unless they have been adopted.
If there are first-priority children, the second-priority parents or siblings do not become heirs, even if they are still alive.
When there are no children, parents or siblings become involved
If there are no children, the next to become heirs are the "second priority" direct ascendants, meaning parents or grandparents (Article 889 of the Civil Code).
If both parents are alive, both become heirs. If the parents have already passed away, the rights pass to the grandparents.
If there are no second-priority direct ascendants, only then do the "third priority" siblings become heirs.
In my family's case, the heirs to my father would be my mother and us three sisters. My father has siblings, but they would not become heirs.
What I want to emphasize here is the concept of "substitutional inheritance."
For example, if a first-priority child has passed away before the parent, that child's children, i.e., the grandchildren, become heirs in their place.
Substitutional inheritance for the first priority continues for as many generations as there are grandchildren and great-grandchildren.
In the case of siblings, it is limited to one generation, up to nephews and nieces.
Taking my family as an example, I have no children.
If I were to pass away before my father, since I have no children, there would be no one to become an heir in my place.
My father's heirs would be my mother and my two sisters, a total of three people.
On the other hand, my sister has two children. If my sister were to pass away before my father, her two children would become heirs in her place. This is substitutional inheritance.
Even in the same "case where the child has passed away first," the lineup of heirs changes completely depending on whether that child has children or not.
Just thinking about "who are the heirs in our family" helps to organize things.
The situation changes significantly depending on the family structure.
In my family's case, when I organized the heirs for when my father passed away, it was:
My mother, who is the spouse (always an heir)
We three sisters, who are the children (first priority)
These four people become the statutory heirs. My father's parents have already passed away, so the second priority does not apply.
Just by writing this down, it became clear that "there are four people who should be involved in inheritance discussions." Even if you vaguely group them as "family," when it comes to inheritance, the people involved will likely differ quite a bit for each household.
However, to actually confirm the statutory heirs, you need to check the family register.
Since there may be unexpected relatives, you are required to trace the decedent's family register from birth to death when proceeding with the procedures.
Knowing this early on makes it harder to panic later.
It is important to grasp these basics before the parent's judgment capacity is lost due to the progression of dementia.
When you try to start a conversation about inheritance, if you don't know who the parties involved are, you can't even stand at the starting line of the discussion.
I think the first step is to understand the scope of the heirs, if only to know "who you should talk to."
Because inheritance is also a matter of emotions, I want to know the basics.
Legal matters seem disconnected from emotions. But in reality, the question of "who is the heir" is directly linked to the state of family relationships.
Knowing who is officially an heir is the minimum common understanding you want to have before starting emotional dialogues.
Especially if a parent does not want to talk about their own inheritance, it becomes preparation for when the time comes if the children understand the system.
Knowing the system first is a step toward reducing anxiety.
Even if you don't understand everything, seeing the entrance makes you feel a little calmer.
Just organizing the basics of "who is the heir" made my mind much clearer.
You don't need to understand everything at once.
Once you can see "who you should talk to," the next things you need to think about will naturally come into view.
Since much of anxiety comes from a state of "not knowing what you don't know," seeing even just the entrance makes you feel a little more at ease.
What is the "statutory inheritance share"?
I know who the heirs are.
Next is, "So, what percentage will each person receive?"
Even if they are all "children," the share per person changes if the number of people changes. The percentage also changes depending on whether the spouse and children inherit together or if it is just the children.
The law defines this as the "statutory inheritance share."
Inheritance seems difficult, but the first step is to know "who will be the heirs."
Just seeing this helps organize your thoughts a little.
Next time, I will write about inheritance percentages under the theme, "I looked into the statutory inheritance shares and thought family relationships are surprisingly complex."
■ Reference Links
・Scope of Statutory Heirs and Statutory Inheritance Shares (National Tax Agency)
・Statutory Inheritance Information Certification System (Legal Affairs Bureau)