Lawyers explain 7 modes and ways to deal with disputes easily caused by wills (succession meeting)-Yahoo! Journalism

The lawyer will explain the circumstances in which the will leads to a dispute over succession.

After their own death, no one would want the remaining family to have a dispute over the inheritance. In order to avoid this situation, it is most effective to make a will before death. But it is also true that there is a troublesome pattern of making wills. This time I will tell you the seven modes in which wills can easily cause disputes, as well as specific plans to prevent disputes.

Seven modes of testament easily causing disputes

First of all, it introduces in detail the mode that wills are prone to disputes. (1) Article 961 of the Civil Code of making a will after suffering from dementia provides that a will may be made by a person who has reached the age of 15. So, "can anyone over 15 make a will?" that's not the case. With regard to the will ability needed to make a will, it is generally called "the will ability to understand the content of the will and to identify the result of the will". In cases where the progression of dementia is quite serious, the testamentary capacity will be controversial in the future, and in some cases, the will may be invalidated by the court. The Hasegawa simple Intelligence Assessment scale (HDS-R) of more than 21 points is a standard, but it is not an absolute standard, and other situations are also important. What is the "testamentary ability" that dementia and advanced age do not invalidate wills in judging materials? Https://souzoku u.asahi.com/article/14204107 (2) the content of the will is vague, for example: "the warehouse in Chiba is inherited by the eldest daughter." "in the case of a vague will, the specificity of the object is insufficient, that part of the will cannot be valid, or the application for registration is rejected. In this case, the eldest daughter must bring a confirmation action against the other heirs, so she doesn't know what the will is for. In addition, a common mistake is the leakage of private roads attached to the land from the property inventory. In this case, with regard to private roads, a separate estate division agreement is needed. With feelings like "always convey it" and "wives and sons will understand without talking", making ambiguous wills can be a big problem afterwards. (3) Wills that are called "invalid" or "forged" are called essential acts, and may be called invalid if they are not written in accordance with the law. Among them, the personal certificate will (a will written by one's own person) will sometimes lead to invalid errors, or the content is not specific enough, the effect can not be recognized. In addition, among heirs, the will may be forged and there is a controversial risk. (4) the claim for infringement of retention amount occurs. "all the property is inherited by the eldest son. "this will has always been widely used, but other heirs will get nothing, so there is a risk of disputes over claims for infringing amounts. The only estate that the decedent of a will can freely distribute according to the will is the property excluding the amount left. For example, in the case of the death of the husband and the heir of the wife and child, the wife has 1/4 of the inheritance and the child has 1/8 of the inheritance. Therefore, if the above-mentioned will is made, for example, the second son may ask for money to pay the estate valuation multiplied by 1/8, while the wife may ask for the estate valuation multiplied by 1/4. In other words, in this case, 3/8 of the inheritance of the deceased husband cannot be disposed of freely in accordance with the will. If you want to dispose of property that cannot be disposed of freely through a will, the remaining heirs will cause disputes that the heirs do not want. (5) rare wills that go undiscovered and hidden are made, and there is nothing left if they cannot be found after death. In particular, in the case of a will signed by hand, it is often lost or cannot be found by the heir. In order to prevent this situation, the system of custody of testament and notarial will can be used. As the will will be kept semi-permanently in the Legislative Council or in the notary public, there is no need to worry about losing or not being discovered. (6) similar to the situation in (5) above, which is found after the division of the estate, for example, what happens if a will in the custody of the home is found after the division of the estate? In this case, the error in advocating the estate division agreement is invalid. Basically, the will found is a priority, but before the settlement, the real estate is sold to a third party, and the right relationship may also change, which may not necessarily win the trial. Most importantly, the time and money spent on conflict resolution will not come back. Therefore, as shown in (5), the allowance for timely discovery of the will should be given after death. (7) where it is difficult to execute a will, once inheritance occurs, the estate will be divided through the estate division agreement. With regard to this estate division agreement, if it goes smoothly, it can be completed in about half a year, but if there is a dispute over the heirs and mediation is carried out in the court, it is not uncommon that it will take several years to complete the agreement. If you have a will that holds down the main points described earlier, you can omit this troublesome estate division agreement. As a later procedure, carry out refund and other procedures in various financial institutions, or apply for registration with the Law Bureau. But it's an unexpected hassle. Among the readers, there are also many people who can't wait in line at the bank or go to the municipal government to read accounts that are too small to read because they can't rest and work on weekdays. Being willing to undertake such tedious work is the system of "executors". When making a will, if an executor is appointed, the executor will basically handle all the formalities such as transfer of ownership when the executor dies. The burden of the heir will be drastically reduced, and the heir can fulfill his will well, so you can rest assured.

1Pac 3 pages