Ministry of Justice Proposes Civil Code Amendment to Abolish Sibling Forced Heirship

Central News Agency, Taipei, June 2. The Ministry of Justice announced tonight a draft amendment to the Civil Code, proposing the removal of forced heirship for siblings while adding supplementary provisions to prevent unfair outcomes. According to the Ministry, the issue of 'sibling forced heirship' has been under review by scholars, with comparisons made to laws in Japan, Germany, South Korea, and Switzerland. Seven intensive meetings were held with experts to draft the amendment. Key points include: 1. Abolishing the sibling forced heirship provision to respect testamentary freedom and reflect modern family structures. 2. Allowing siblings who were supported by the deceased and face financial hardship due to the death to request a share of the estate if not provided for in the will, with clear procedural and time-limit guidelines. 3. Introducing a 'special contribution' provision, allowing heirs who provided labor, financial support, or nursing care to the deceased to have these contributions valued during estate division. 4. Setting time limits for special contribution claims and capping the period for which a will can prohibit estate division at five years. The Ministry aims to achieve 'respect for testamentary freedom,' 'promotion of substantive fairness,' and 'protection of vulnerable siblings' through these reforms.