Limitation for reserved share claims?

1 year
From awareness
10 years
Max from inheritance
Civil Code
Governing law
Art. 1042
Reserved share provision
The Short Answer

The limitation period for reserved share claims in Japan is one year from the time the heir becomes aware of the infringement, and no later than ten years from the start of inheritance.

What the Law Says

Japanese law guarantees certain heirs a 'reserved share' (also called 'legal reserve') of the deceased’s estate, even if a will attempts to disinherit them. The right to claim this share is subject to strict time limits.

Under the Japanese Civil Code, statutory heirs — such as children, spouses, and direct ascendants — have a guaranteed minimum portion of the estate known as the reserved share. This prevents total disinheritance by will.

The limitation period for asserting a reserved share claim is governed by Article 1043 of the Civil Code. It states that the claim must be made within one year from the time the heir becomes aware of the infringement of their reserved share.

However, even if the heir remains unaware, the claim expires absolutely ten years after the commencement of inheritance — i.e., from the date of the decedent’s death.

Statutory Text

The right to reduction of legacy or bequest for infringement of the reserved portion shall be extinguished by prescription within one year from the time when the heir becomes aware of the infringement.

— Civil Code, Art. 1043 — Limitation of right to reduction
Statutory Text

The reserved portion of an heir shall be one-half of the value of the property which constitutes the inheritance at the time of commencement of inheritance.

— Civil Code, Art. 1042 — Reserved portion

What to Do

1

Confirm your status as a statutory heir entitled to a reserved share (e.g., child, spouse, or parent of the deceased).

2

Calculate the reserved share amount using the estate’s value at the time of death (Art. 1042).

3

Act promptly: file a claim for reduction of excessive legacies/bequests within 1 year of learning about the infringement.

4

If uncertain about timing, assert the claim no later than 10 years after the decedent’s death to avoid absolute lapse.

Sources

statuteCivil Code, Art. 1042 — Reserved portionstatuteCivil Code, Art. 1043 — Limitation of right to reduction

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.