In this blog post, we will look at how gratuitous disposition by the decedent and the right of reserved share by the heir play a role in the fair distribution of inheritance.
Under the private property system, anyone can freely dispose of their property. There are various ways to dispose of property, but among them, gratuitous disposal such as donation requires special attention. This is because gratuitous disposal such as donation can be freely made while the owner of the property is alive, but the situation changes when the owner dies. With the commencement of inheritance, the heirs can claim their rights guaranteed by law, and as a result, there is a possibility that the gratuitous disposal may be reversed.
When a gratuitous dispositor dies, inheritance is initiated and his or her heirs can exercise the right to claim the residue. The right to claim the residue is a right to ensure that the heirs receive the minimum amount of property that they are entitled to inherit. This right allows the heirs to recover the property that they would have inherited if the gratuitous dispositor’s act had reduced the amount of property they were entitled to inherit. At this point, the gratuitous disposer becomes the decedent and his or her rights and obligations are transferred to the heirs.
The reserved share is the portion of the benefit that the heirs would have received if the decedent had not made a gratuitous disposition, as guaranteed by law. If the heir is only one of the decedent’s children, only half of the benefit that could have been received is guaranteed. The benefit that the heirs could have inherited is calculated by adding the value of the property that has already passed to the gratuitous acquirer to the value of the property that the decedent had at the time of the commencement of the inheritance. This is because the right to claim the reserved share is intended to protect the benefit that the heirs expected.
The reason for exercising the right to claim an inheritance during an inheritance process is to secure as much property as possible that the heirs can receive due to the death of the decedent. If the decedent disposed of a lot of property for free during his or her lifetime, the heirs will have less property to inherit. In this situation, the heirs can exercise the right to claim an inheritance to get back some of the property that was disposed of for free.
An heir who has inherited benefits from the estate of the decedent at the time of the commencement of inheritance may only receive a portion of the benefits corresponding to the residue. This is because the heir can only receive the residue minus the benefits already inherited. The value of the residue minus the benefits is calculated in monetary terms, but it is not always returned in money. If the property that has been disposed of free of charge is not money but property other than money, such as goods or stocks, the disposed property itself is generally subject to return. However, if it is not possible to return the property itself, the gratuitous acquirer must return it in money. Even if the property itself can be returned, it may be returned in money by agreement between the reserved portion holder and the gratuitous acquirer.
If the property that has been disposed of for free is an object, how will the return of the reserved share be made? If the amount of the reserved share that the gratuitous acquirer must return is less than the value of the property that has been disposed of for free, the reserved share holder may receive from the gratuitous acquirer an amount equal to the value of the property minus the amount of the reserved share. This results in the ownership of one object being divided among several people, and each person’s share is called a share. In the process of dividing shares, a fair distribution must be made to ensure the rights of each heir as much as possible.
If the market value of a gratuitous disposition changes, what should be used as the market value when calculating the deficiency in the reserved portion? In light of the purpose of the reserved portion, the market value at the time of the commencement of inheritance should be used. However, if the increase in the market value of the property is due to the efforts of the gratuitous acquirer, the calculation should be based on the market value at the time of the gratuitous acquisition. When calculating the share to be returned based on the amount of the deficiency in the reserved share as determined in this way, the market value at the time of the commencement of the inheritance must be used as the basis, regardless of the cause of the increase in the market value.
Therefore, although freedom of disposition of property is guaranteed under the private property system, the disposition is not always free when considering inheritance and reserved share issues. It is important to understand the legal procedures related to the disposition of property and the rights of the heirs. The right to share in oil is a device to protect the legitimate rights of heirs, and it minimizes the loss of property due to gratuitous disposition of the decedent and serves to preserve the expected benefits of the heirs. This allows the heirs to claim their rights to the property even after the death of the decedent.
