Abandonment of inheritance of “re-inheritance” Supreme Court on August 9, 17:52
The Supreme Court is in a position to inherit, when a alienated relative has a large amount of debt in his life and his father died without giving up inheritance. He showed the first decision that would be advantageous to the successor, as long as he abandoned it within three months after knowing that.
The woman in Niigata Prefecture died four months later, with the uncle who was an officer of the Osaka Prefecture company holding a large debt, and the father who had been estranged from the uncle and without inheritance or abandonment, After three years, I noticed from the debt collection company that I was in a position to inherit the debt from my uncle for the first time and abandoned the inheritance.
The civil law stipulates that a person in inheritance has died and that a “re-inheritance” that the next person inherits must decide whether to inherit or give up within three months. In the trial, it was disputed when this three-month period would start.
In the ruling on the 9th, Judge Hiroyuki Kanno of the Supreme Court's 2nd Small Court said, “If you do not know that there is an uncle's debt in reinheritance, if the period begins, you have the opportunity to choose to inherit or give up It is contrary to the purpose of the civil law that guarantees. "
In addition, in re-inheritance, we showed the first judgment that we should give up within three months after we knew that we were in the inheritance position, and enabled female inheritance to be effective.
So far, the three-month period has generally been interpreted as when death is known, and the Supreme Court has indicated a decision that favors the successor.