英文摘要
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The number of wills in Taiwan is increasing in recent years, which naturally brings about more and more problems into the court which involves the disposition of estates conflicting with reserved portion in the Civil Code. First, the court creates and recognizes "beneficiary via succession" as a new sort of disposition different from the traditional devise and bequeath. More specifically, while the devisee can only acquire the registration of the real estate under the assistance of the heir(s), the "beneficiary via succession" can achieve that individually. While the devise has 15 years of limitation of action, the estates that received by "beneficiary via succession" will never be affected by time. In addition, "beneficiary via succession" is entitled to succession by subrogation and enjoys the effect of division of estates. That is to say, the status of "beneficiary via succession" is far more protected than devisee. The difference between these two dispositions also connects to different approaches of deduction of reserved portion. In the case of devise, the registration of the estates will not be transferred to the devisee without heir(s) consent. Hence, if the heirs' reserved portion is violated by the devise, they can calculate the amount, deduct the devise, and transfer only the rest part of the devise to the devisee. On the other hand, "beneficiary via succession" can acquire the title of the estate by himself/herself, which makes it impossible that the heirs choose to deduct and then transfer. Regarding this issue, the Supreme Court in Taiwan rules that the heirs may require for deduction, but the deducted part will return to the estates in joint tenancy but not the heirs' personal property. That is to say, the best way to deduct is that the heirs bring an action for partition of the estates directly, express the intent of deduction during the procedure, and finally receive the property rights tantamount to reserved portions. In other words, in the case that the "beneficiary via succession" exists, the protection of the reserved portion may be accomplished in procedure of division of estates.
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