What is the “istributive share reducing request”?

09/20/2022 Last updated : 09/10/2022 YAMAMOTO.AKIRAYAMAMOTO.AKIRA

A certain percentage of the inherited property reserved for a certain heir is called a "legally secured portion" and this is a right that cannot be deprived even by a will of the decedent.
Civil Code Article 1046 [Claim for Infringement Amount of legally secured portion] stipulates that "The holder of the legally reserved part and his successor may demand payment of money equivalent to the amount of infringement of the legally secured portion from the donee or the donee.''
This right is called the “Right to distributive share reducing request”.
Before the amendment, Article 1031 of the Civil Code was [Claim for Abatement of Gift or Testamentary Gift], and was called a "Claim for abatement of legal portion".
In the case of "claims for abatement of legal portion", it was possible to divide the inherited property itself and hand it over, but in the case of "Distributive share reducing request" due to the revision of the Civil Code, only money can be settled.

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