Japan’s Supreme Court Convenes to Consider Discriminatory Inheritance Law

As I have previously discussed, the Supreme Court isconsidering reversing its earlier ruling that a discriminatory Civil Codeprovision is constitutional.

The law provides that children born out of wedlock areentitled to only half of the inheritance given to legitimate children.  The Supreme Court previously ruled in 1995that this provision does not unreasonably discriminate, because it respectslegitimate children while still protecting illegitimate children.  However, 5 of the 15 Grand Bench justicesopposed this 1995 decision.

The Supreme Court “is expected to make a final decision,possibly by autumn, to interpret the Civil Code provision as running counter tothe Constitution, which guarantees equality for all under the law.”

See Top Court May Annul Inheritance Disparity,The Japan Times, July 10, 2013.