Japan’s Supreme Court Finds Unequal Inheritance Rights Unconstitutional

As I have previously discussed, Japan’s Supreme Courtconvened to determine the constitutionality of a Civil Code provision entitlingchildren born out of wedlock to only half the worth of the estate handed downto “legitimate” heirs. 

In a landmark ruling,the Supreme Court has declared the provision unconstitutional, prompting arevision to the Civil Code, the first since 1898.

The unanimous decision reflects the increasingdiversification of Japanese families and global trends towards endingdiscrimination.  Chief Justice HironobuTakesaki stated, “Even though the system of legalized marriage has long beenconsidered the norm in Japanese society, the fact remains children themselveshave no control whatsoever over their parents’ nonlegal marital status.”

See Tomohiro Osaki& Reiji Yoshida, Top Court ShootsDown Unequal Inheritance Rights, The Japan Times, Sept. 4, 2013.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.