Yes, disinheriting a child is legally permissible in Taiwan under strict conditions outlined in the Civil Code, provided valid grounds such as severe misconduct or abandonment exist. The 2023 amendments to Article 1145 reinforce judicial scrutiny, requiring probate courts to validate disinheritance claims. Local Family Courts in Taipei, Taichung, and Kaohsiung handle disputes, while the Ministry of Justice’s 2026 compliance guidelines mandate documentary evidence of wrongdoing.
Key Regulations for Disinheriting a Child in Taiwan
- Valid Grounds: Disinheritance requires proof of statutory misconduct under Civil Code Article 1145, including intentional harm, abandonment, or criminal convictions punishable by imprisonment. Mere dissatisfaction with life choices is insufficient.
- Formal Requirements: A disinheriting parent must explicitly state the reason in a notarized will or testamentary document. Ambiguity risks nullification by the Taipei District Court’s Probate Division.
- Judicial Review: The Family Court examines evidence, including police reports or medical records, to confirm the child’s misconduct. Appeals must be filed within 2 years of the will’s probate under Article 1163.
Local probate practices emphasize proportionality—courts may invalidate excessive disinheritance if the child’s share falls below the statutory minimum (e.g., 1/2 of the legal inheritance for lineal descendants). The 2026 Ministry of Justice guidelines further restrict disinheritance based on cultural expectations of filial piety, requiring additional justification for adult children.