Civil Code

An unborn child is deemed to have already been born as regards succession.

The provisions of the preceding paragraph do not apply if the child is stillborn.

The children of the decedent become heirs thereof.

If a child of the decedent dies before the opening of the succession or loses the right of inheritance through the application of the provisions of Article 891 or through disinheritance, the children of such a child become heirs of the decedent, per stirpes; provided, however, that this does not apply to a person who is not a lineal descendant of the decedent.

The provisions of the preceding paragraph apply mutatis mutandis if a person who would have become an heir per stirpes dies before the opening of the succession or if that person loses the right to take per stirpes through the application of the provisions of Article 891 or through disinheritance.

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If no one becomes an heir pursuant to the provisions of Article 887, the following persons become heirs in accordance with their places in the line of succession, in the following order:

lineal ascendants of the decedent; provided, however, that between persons of differing degrees of kinship, persons of a closer degree of kinship to the decedent have priority in inheritance;

siblings of the decedent.

The provisions of Article 887, paragraph (2) apply mutatis mutandis in a case as referred to in item (ii) of the preceding paragraph.

The spouse of the decedent always becomes an heir. In this, if someone is to become an heir pursuant to the provisions of Article 887 or the preceding Article, the spouse takes the same place in the line of succession as that person.

None of the following persons may become heirs of the decedent:

a person who has received a criminal sentence for intentionally causing or attempting to cause the death of the decedent or the death of a person with an equal or prior place in the line of succession;

a person who knows that the decedent was killed by someone but made no formal accusation or criminal complaint about this; provided, however, that this does not apply if the person cannot discern right from wrong, or if the killer was that person's spouse or lineal relative;

a person who has prevented the decedent from making, revoking, rescinding, or changing a will as regards succession, through fraud or duress;

a person who has forced the decedent to make, revoke, rescind, or change a will as regards succession, through fraud or duress; or

a person who forges, alters, destroys, or conceals the will of the decedent as regards succession, or a person who fraudulently makes, destroys, or conceals an electronic or magnetic record recorded by a method prescribed in Article 976-2, paragraph (1) or in the items of Article 979-2, paragraph (1).

A person leaving an estate may file a request with the family court to disinherit a presumptive heir (meaning a person who would become an heir if the succession were to open; the same applies hereinafter) for whom there is statutory reserved share, if the presumptive heir has abused or given grave insult to the person leaving the estate, or if there has been any other grave misconduct on the part of the presumptive heir.

If the decedent, by will, has manifested the intention to disinherit a presumptive heir, the executor of the will must apply to the family court to disinherit the presumptive heir without delay after the will becomes effective. The disinheritance of that presumptive heir is effective retroactive to the time of death of the decedent, in such a case.

A person leaving an estate may at any time file a request with the family court to rescind the disinheritance of a presumptive heir.

The provisions of the preceding Article apply mutatis mutandis to the rescission of the disinheritance of a presumptive heir.

If succession opens after a request is filed to disinherit a presumptive heir or to rescind the disinheritance of the same but before the ruling on this becomes final and binding, the family court may order any necessary measures with regard to the administration of the estate at the request of a relative, an interested party, or the public prosecutor. The same applies if the decedent has left a will in which a presumptive heir is disinherited.

The provisions of Article 27 through Article 29 apply mutatis mutandis if the family court appoints an administrator to the estate pursuant to the provisions of the preceding paragraph.