Question from a reader:
I have a consultation regarding the reserved portion of inheritance. The heirs are my current wife and my two sons. I want to divide the inheritance between my wife and my two sons, but I also want to give half to my ex-wife’s son. However, my wife is angry and says she will claim her reserved portion,
and I am troubled about what to do. When I divorced my ex-wife, my son was 32 years old, unemployed, and suffering from panic disorder. Even after the divorce, I have been supporting him financially while he lives alone, but I am worried about what will happen after I pass away. He is now 55 years old and single. To my current wife, my ex-wife’s son is a complete stranger, so she cannot understand. She says that since she will be giving up her share of the property, the inheritance should be divided equally among the siblings, but I believe that is not realistic due to tax implications. My second son is an adult and employed, so I am not worried about him. Since there are no other relatives, I am concerned about my first son. My wife is worried that in the future, my second son will be burdened by my first son and has even suggested that it would be reasonable to add a compensation fee for that. I want to increase the inheritance portion to prevent that from happening, but my wife does not understand. As a countermeasure, I am consulting a lawyer to create a will that prevents claims for the reserved portion and to set the distribution, but I am still worried. Is there any way to convince my wife and my second son? My second son does not have very good feelings towards my first son, who is unemployed. I wish he would at least be grateful for receiving an inheritance, but I feel that just helping with hospital visits and grave visits, along with having sent him to college, should be more than enough for him. How can I get my wife to understand?

Concerns about Reserved Portions in Inheritance: Solutions Considering the Feelings of My Wife and Children

Inheritance issues are a complex theme that can shake the hearts of families. Especially for those with a history of divorce, the emotions and legal aspects surrounding the distribution of assets can intertwine, making resolution difficult. As we analyze this consultation, I would like to consider how we can approach it from a legal perspective.

What is a Reserved Portion?

First, let’s briefly explain the reserved portion. The reserved portion refers to the minimum share of the inheritance that heirs are legally entitled to receive. Even if a will states that all assets are to be bequeathed to a specific heir, the reserved portion is legally guaranteed to other heirs, meaning they can claim it. Specifically, if the heirs are direct descendants (children or grandchildren), half of the statutory share is recognized as the reserved portion. This means that if there is a son from the ex-wife among the heirs, the reserved portion will also apply to him in addition to the shares for the wife and the two sons.

Organizing the Consultation’s Situation

In your case, you have your current wife, two sons, and an ex-wife’s son. You wish for your current wife to understand while also wanting to pass on some inheritance to your ex-wife’s son, but your wife insists that “since I will be giving up my share of the property, it should be divided equally among the siblings.” This is a very complex situation. In particular, your wife’s lack of understanding towards your ex-wife’s son may lead to emotional conflict. Additionally, the fact that your first son (the ex-wife’s son) is unemployed and has a panic disorder amplifies concerns about the inheritance.

Creating a Will and Legal Measures

Consulting a lawyer to create a will and set the distribution of assets is a very good measure. However, even with a will, there remains the possibility of claims for the reserved portion. The core issue is how to handle the reserved portion for your ex-wife’s son. Legally, to avoid claims for the reserved portion, you can consider methods such as “waiving the reserved portion” or “requesting a reduction of the reserved portion.” However, this requires the agreement of all heirs, making it a challenging reality.

Communication with Your Wife is Key

To gain your wife’s understanding, it is essential to approach the emotional aspect first. It is important to fully understand and empathize with her concerns about “son 2 being burdened by son 1.” Specifically, consider the following communication strategies: 1. Acknowledge your wife’s anxieties: Listen carefully to why she feels that way. “I understand your concerns. However, I have supported son 1 until now, and I believe he has a future,” you can convey. 2. Present a concrete support plan: By explaining, “In case something happens, I have specific plans for how to support son 1,” you can provide reassurance. 3. Explain the legal aspects: Calmly explain the reality by stating, “Legally, there is a reserved portion, so we cannot divide everything equally,” making it easier for her to understand.

Considering Psychological Factors

From a psychological perspective, family relationships have a significant impact. The fact that son 2 does not have positive feelings towards son 1 could become a barrier in future discussions about inheritance distribution. To improve this relationship, consider the following methods: 1. Create opportunities for family dialogue: By gathering everyone to discuss inheritance, you can increase opportunities for understanding. 2. Utilize counseling: If necessary, involve a professional counselor to help sort through emotions. 3. Emphasize support for son 1: By communicating how son 1 can become independent and the specific support you are providing for that, a sense of family unity can develop.

Conclusion: Final Options

Issues related to inheritance are a very difficult theme where emotions and laws intersect. However, by communicating calmly and understanding the other party’s position, solutions often become clearer. It is important to value not only legal approaches but also psychological aspects, seeking a path that all family members can agree on. Ultimately, through repeated discussions, the likelihood of your intentions being understood increases. Inheritance issues can take time to resolve, but it is essential to proceed step by step without rushing. I hope to carefully consider the support I can provide so that your family can build a better future.