Resolving Inheritance Disputes: Legislative Yuan Passes Amendment Removing Siblings' Forced Share – Experts Urge Review of Wills Within '6-Month' Window

On the 28th, Taiwan's Legislative Yuan passed the amendment to Article 1223 of the Civil Code in its third reading, officially eliminating the forced share provision for siblings. The transitional provisions specify a 6-month grace period starting from the date of presidential promulgation before the new law takes effect. This landmark reform, critical to asset succession and will planning for all citizens, completely overturns the previous system that allowed collateral relatives to claim a share of inheritance. Going forward, individuals will have full autonomy—100% control—over distributing their hard-earned real estate and savings, eliminating distant relatives with no shared household from unexpectedly influencing inheritance outcomes.

In the past, many individuals wishing to leave property or all assets to a spouse, children, or a specific caregiver through a will were constrained by the legal forced share of siblings—equal to one-third of their statutory inheritance portion. This often led to family disputes and even court litigation. Wang Ruihong, head of the Family Office Services at Deloitte Taiwan, pointed out that this amendment significantly increases the flexibility for testators to arrange asset distribution via wills. The long-standing issue of inheritance plans being disrupted by siblings with no close or cohabiting relationship, who previously held compulsory inheritance rights due to forced share entitlements, has now been fundamentally resolved.

However, Wang Ruihong emphasized that removing forced share protection does not mean siblings lose all inheritance rights. If a person dies without a valid will, the estate will still be distributed according to the Civil Code’s statutory inheritance rules and shares. Therefore, individuals who already have a will are advised to review and revise their wills during the 6-month grace period. For those without a will, it is crucial to consult professional advisors early to ensure their estate distribution aligns precisely with their true intentions.

Beyond updating will content, the formal and substantive validity of a will is now more critical than ever for successful asset planning. Experts stress that if a will is deemed invalid by a court due to missing or non-compliant formalities, the estate will revert to statutory inheritance distribution. This could completely undermine the intended succession outcome. With the 6-month grace period counting down, individuals should promptly review their assets and establish a secure, well-structured inheritance plan for themselves and their families.