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Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART IV NON-LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER VII MATTERS CONCERNING SUCCESSION
Article 127
With regard to the following matters concerning succession, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is entitled to inherit:
1. matters concerning submission of an inventory of the inheritance of the decedent to the court;
2. matters concerning motion by a creditor for submission of an inventory of the inheritance of the decedent to the court by an heir;
3. matters concerning waiver of inheritance;
4. matters concerning unacknowledged succession;
5. matters concerning preservation of the decedent’s inheritance;
6. matters concerning designation or re-designation of an executor of a will;
7. other matters concerning succession.
With regard to matters concerning preservation of the decedent’s inheritance, the jurisdiction to hear the proceedings may belong to the court for the locus of the inheritance concerned.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 1 of this Article.
Where the court finds matters provided in Paragraphs 1 and 2 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.
Article 128
Where a person who is entitled to inherit makes an inheritance submission, the submission shall indicate the following, accompanied by an inventory of the inheritance:
1. the person who makes the submission;
2. the full name and the final domicile of the decedent;
3. the date and place of his or her death;
4. the point in time when the death is known to the person who makes the submission;
5. where there are other persons who are entitled to inherit, the name, gender, date of birth and domicile or habitual residence of such persons;
The inventory of the inheritance in the preceding paragraph shall indicate the financial situation of the decedent, as well as the creditors and debtors known to the heir.
Article 129
Where a creditor motions for a court ruling ordering an heir to submit an inventory of the inheritance of the decedent, the pleading of such a motion shall state the following:
1. the applicant;
2. the full name and the final domicile of the heir;
3. the full name and the domicile of habitual residence of the decedent;
4. the request for submission of an inventory of the inheritance of the decedent.
Provisions in the preceding article shall apply, mutatis mutandis, to an heir in submitting an inventory of the inheritance of the decedent in accordance with a court ruling.
Article 130
Where a court publicly summons the creditors of the decedent in filing a statement of their claims, it shall state in the public notice the following:
1. the heir who made an inheritance submission;
2. the time period for filing the statement of claims and a formal notice that a claim shall be filed within the time period;
3. that failing to file a statement will result in the loss of the claim;
4. the court to which the statement shall be filed.
The court shall notify other heirs of the circumstances in the preceding paragraph.
The court shall give a public notice to the summons provided in Paragraph 1 of this Article.
The public notice provided in the preceding paragraph shall be posted on the bulleting board of the court, via the internet or by other proper means; where considered necessary, the court may order that the public notice be published in the official gazettes, newspaper, or by other means.
The time period for filing a statement in accordance with Paragraph 1 of this Article shall be no fewer than six months, from the date of publication in accordance with the preceding paragraph.
Article 131
Within six months from the expiration of time period for filing a statement in accordance with the preceding article, the heirs shall make a submission to the court about the payback to the creditors who lay claims on the inheritance, evidenced by relevant documentation.
Where considered necessary, the court may, upon motion by the heirs, extend the six months for submission provided in the preceding paragraph.
Article 132
Where an heir waives his or her right to an inheritance, he or she shall indicate in writing the following:
1. the heir who waives the right to an inheritance;
2. the full name and the final domicile of the decedent;
3. the date and place of the death of the decedent;
4. the time when the succession is known to the said heir;
5. where there are other heirs, their full names, gender, dates of birth, and domiciles or habitual residences.
Where a waiver of inheritance satisfies the legal requirements, the court shall 1) order the files to be kept in records for future reference; 2) notify the heir who waives the right to inheritance and other known heirs; and 3) publish the case of waiver.
Where a waiver of inheritance does not satisfy the legal requirements, the court shall deny the motion by a ruling.
Article 133
Where a family council reports to the court the opening of the succession and designate a manager for the inheritance, it shall in writing make a submission, signed by more than one of its members and evidenced by relevant documentation, indicating the following:
1. the persons who make the submission;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the grounds for designating a manager for the inheritance;
4. the full name, gender, date of birth, and domicile or habitual residence of the manager for the inheritance.
Article 134
The family council may only designate a natural person to serve as the manager for the inheritance.
Where there exists one of the following circumstances with regard to the manager for the inheritance provided in the preceding paragraph, the court shall discharge the manager for the inheritance concerned from his or her duties and order the family council to re-designate the manager for the inheritance within one month:
1. being a minor himself or herself;
2. being subject to an order of the commencement of guardianship or assistantship;
3. being subject to a declaration of bankruptcy or to a declaration of liquidation in accordance with the Consumer Debt Clearance Act and has not yet resumed the rights;
4. being deprived of citizen’s rights and has not yet resumed the rights.
Article 135
Where there is one of the following circumstances with respect to the manager for the inheritance designated by the family council, the court may, upon motion by the interested parties or by a prosecutor, and after consulting with members of the family council, the interested parties or the prosecutor, discharge the said manager for the inheritance from his or her duties and order the family council to re-designate a manager for the inheritance:
1. breaching an obligation arising from his or her duties;
2. breaching the obligation of due diligence as a good manager, so as to damage or reduce the value of the inheritance or induce risk of damaging or reducing the value thereof;
3. other serious circumstances.
Article 136
Where an interested party or a prosecutor motions for designation of a manager for the inheritance, the pleading of a motion shall in writing indicate the following, evidenced by relevant documentation:
1. the applicant;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the grounds for pleading;
4. where the applicant is an interested party, the grounds for his or her legal interest.
Where the family council fails to re-designate a manager for the inheritance in accordance with provisions in Article 134, Paragraph 2 or the preceding article, an interested party or a prosecutor may motion to a court for designation of a manager for the inheritance, and thereto apply provisions in the preceding paragraph.
A court may, besides a natural person, designate a public authority to serve as the manager for the inheritance.
Article 137
Where a court publicly summons the heirs to acknowledge the inheritance, it shall state in the public notice the following:
1. the person who made the initial submission;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the time period for acknowledging the inheritance and a formal notice that an acknowledgement shall be made within the time period;
4. the legal effect of failing to make an acknowledgement within the time period;
5. the court to which the acknowledgement shall be made.
Provisions in Article 130, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to public notice in accordance with the preceding paragraph.
Article 138
Where a court makes a public notice summoning the heirs to acknowledge the inheritance upon motion made by the manager for the inheritance, besides items provided in Article 173, Paragraph 1, Sub-paragraphs 2 to 5, it shall state in the public notice the following:
1. the full name and the domicile of the manager for the inheritance, together with the office for the purpose of inheritance management;
2. the time period of filing statement of claims and declaring whether the heir is willing to accept, together with a formal notice that a statement of claims or a declaration shall be filed within the time period;
3. the legal effect of failing to file such a statement of claims or a declaration.
Article 139
Provisions in Article 130, Paragraphs 3 to 5 of this Act, apart from that with regard to the time period for filing a statement of claims, shall apply, mutatis mutandis, to public notice in accordance with the preceding two articles.
Article 140
A manager of the inheritance designated by the court, after the completion of his or her duties, shall submit a report to the court detailing the management done to the inheritance, together with the relevant documentation.
Article 141
Except as otherwise provided in the statutory law, provisions in Chapter VIII of this Act shall apply, mutatis mutandis, to the manager of the inheritance, the executor of a will, or other managers of the property designated by the court.