Newsletter
Restitution of the Right of Inheritance
According to Paragraph 1, Article 1146 of the Civil Code, in the event where the right of inheritance has been infringed, the infringed party or his/her statutory agent is entitled to claim for its restitution. Paragraph 2 of the same Article further provides that the restitution of the right of inheritance shall be extinguished in the event of failure to exercise such right within two years from the date of awareness of such infringement, or where more than ten years have elapsed from the date of the death of the deceased. According to the relevant judgment rendered by the Supreme Court and the Judicial Yuan, the right of inheritance shall be extinguished along with the extinguishment of the right to claim for restitution. Notwithstanding the foregoing, according to Judicial Yuan Interpretation No. 771, the legal heir, who has legally obtained the right of inheritance, would not otherwise loose such a right due to the expiry of the statute of limitations of the right to claim for restitution. In case of infringement of the right to inherited properties, the legal heir is still entitled to remove such infringement and request for the return of the properties in accordance with the applicable provisions under the Civil Code; for example, the exercise of the right to demand the return of properties pursuant to Article 767 of the Civil Code within the 15 year statute of limitations.