Article 750A husband and wife take the surname of either the husband or the wife, as decided at the time of marriage.

Article 751(1)If one party to a marriage dies, the surviving spouse may revert to the surname used before the marriage.

(2)The provisions of Article 769 apply mutatis mutandis to a case as referred to in the preceding paragraph or Article 728, paragraph (2).

Article 752A husband and wife must live together, cooperate with each other, and act so as to be of assistance to each other.

Article 753If a minor enters into marriage, the minor is deemed to have attained the age of majority.

Article 754Either of the parties to a marriage may at any time during the marriage rescind a contract entered into between them; provided, however, that this may not prejudice the rights of a third party.

Article 772(1)A child that a wife conceives while married is presumed to be the child of her husband.

(2)A child born more than 200 days after the formation of a marriage or within 300 days of the dissolution or cancellation of a marriage is presumed to have been conceived during the marriage.

Article 773If a woman remarrying in violation of the provisions of Article 733, paragraph (1) gives birth and the paternity of the child cannot be determined pursuant to the provisions of the preceding Article, the court determines the paternity of the child.

Article 774In a case as referred to in Article 772, the husband may rebut the presumption of the child in wedlock.

Article 775The right to a rebuttal under Article 774 is exercised through the filing of an action to rebut the presumption of the child in wedlock against the child, or against the mother exercising parental authority. If there is no mother exercising parental authority, the family court must appoint a special agent.

Article 776If a husband acknowledges a child to be his child in wedlock after the child is born, he loses the right to rebut the presumption of the child in wedlock.

Article 777A husband must bring an action to rebut the presumption of the child in wedlock within one year of learning of the child's birth.

Article 778If the husband is an adult ward, the period referred to in Article 777 begins from the time at which the husband learns of the child's birth after the rescission of a decision to establish a guardianship.

Article 779A father or a mother may acknowledge a child born out of wedlock to be his or her child.

Article 780A father or a mother does not need the consent of a legal representative in order to acknowledge parentage, even if that father or mother is a minor or an adult ward.

Article 781(1)Parentage is acknowledged through the filing of a registration pursuant to the provisions of the Family Register Act.

(2)Parentage may also be acknowledged in a will.

Article 782A father or mother may not acknowledge parentage of an adult child without that adult child's consent.

Article 783(1)A father may acknowledge paternity even if the child is still in utero. The mother's consent must be obtained in such a case.

(2)A father or mother may acknowledge parentage even if the child has died, but only if that child had a lineal descendant. In such a case, the consent of the lineal descendant must be obtained if that lineal descendant is an adult.

Article 784An acknowledgement of parentage is effective retroactive to the time of birth; provided, however, that this may not prejudice a right already acquired by a third party.

Article 785A father or a mother who has acknowledged parentage may not rescind that acknowledgment.

Article 786A child or any other interested person may assert opposing facts against an acknowledgment of parentage.

Article 787A child, the lineal descendant thereof, or the legal representative of either, may bring filiation proceedings; provided, however that this does not apply if three years have passed since the day on which the father or mother died.

Article 788The provisions of Article 766 apply mutatis mutandis when a father acknowledges paternity.

Article 789(1)A child whose paternity the father acknowledges acquires status as a child in wedlock upon the marriage of the child's father and mother.

(2)A child whose parentage the parents acknowledge while married to each other acquires status of a child in wedlock from the time of that acknowledgment.

(3)The provisions of the preceding two paragraphs apply mutatis mutandis if the child has already died.

Article 790(1)A child born in wedlock takes the surname of the parents; provided, however that if the parents divorce before the child is born, the child takes the surname used by the parents at the time of divorce.

(2)A child not born in wedlock takes the surname of the mother.

Article 791(1)If a child's surname differs from that of the father or mother, the child may take the surname of the father or mother after obtaining the permission of the family court, through the filing of a registration pursuant to the provisions of the Family Register Act.

(2)If a child's surname differs from that of the parents due to the father or mother changing surnames, the child may take the name of the parents without obtaining the permission referred to in the preceding paragraph only if the parents are married to each other, through the filing of a notification pursuant to the provisions of the Family Register Act.

(3)If a child is under 15 years of age, the legal representative thereof may perform the acts referred to in the preceding two paragraphs on the child's behalf.

(4)A minor who has changed surnames pursuant to the provisions of one of the preceding three paragraphs may revert to the previous surname within one year of attaining majority, through the filing of a notification pursuant to the provisions of the Family Register Act.

Article 818(1)A child who has not attained the age of majority is subject to the parental authority of the parents.

(2)If a child is adopted, the child is subject to the parental authority of the adoptive parents.

(3)Parental authority is exercised jointly by married parents during their marriage to each other; provided, however, that if either parent is unable to exercise parental authority, the other parent does so.

Article 819(1)If parents divorce by agreement, they must determine which one of them is to be the person having parental authority in that agreement.

(2)In the case of a judicial divorce, the court determines which one of the parents is to be the person having parental authority.

(3)If parents divorce before the birth of the child, the mother exercises the parental authority; provided, however, that the parties may agree for the father to be the person having parental authority after the child is born.

(4)A father only exercises parental authority over a child whose paternity he has acknowledged if both parents agree for him to be the person having parental authority.

(5)If an agreement as referred to in paragraph (1), paragraph (3), or the preceding paragraph is not reached or discussions toward such an agreement cannot be held, the family court may issue a ruling to stand in place of such an agreement, at the request of the father or the mother.

(6)At the request of a child's relative, the family court may change the person having parental authority to the other parent, if it finds it to be necessary to do so in the interests of the child.

Article 820A person exercising parental authority has the right, and bears the duty, to care for and educate the child in the child's interests.

Article 821A child must fix his or her residence at the place determined by the person exercising parental authority.

Article 822The person exercising parental authority may discipline a child to the extent necessary for the child's care and education under the provisions of Article 820.

Article 823(1)A child may not work without the permission of the person exercising parental authority.

(2)The person exercising parental authority may revoke or limit the permission referred to in the preceding paragraph in a case as referred to in Article 6, paragraph (2).

Article 824The person exercising parental authority manages the child's property and represents the child in juridical acts involving that property; provided, however, that the person must obtain the consent of the child if a juridical act would give rise to the obligation of the child to act.

Article 825In a case in which parents exercise parental authority jointly, when one parent, in the name of both parents, performs a juridical act on behalf of the child or gives consent for the child to perform a juridical act, even if that act or that consent is contrary to the intention of the other parent, this does not impair its validity; provided, however, that this does not apply if the other party to the juridical act has knowledge of the other parent's contrary intention.

Article 826(1)If an action involves a conflict of interest between the father or mother exercising parental authority and the child, the person exercising parental authority must request the family court to appoint a special agent for the child in respect of that action.

(2)If a person exercising parental authority exercises such authority over more than one child, the person exercising parental authority must request the family court to appoint a special agent for one of the children with respect to an action that involves a conflict of interest between one child and the other child or children.

Article 827A person exercising parental authority must exercise the right to manage the property under that person's authority with the same care the person would exercise for the person's own benefit.

Article 828Once a child attains the age of majority, the person exercising parental authority must account for the management of the child's property without delay; provided, however, that expenses incurred to raise the child and to manage the property are deemed to have been set-off against profit from the child's property.

Article 829If a third party who gives property to a child without receiving compensation manifests a contrary intention, the provisions of the proviso to the preceding Article do not apply to that property.

Article 830(1)If a third party who gives property to a child without receiving compensation manifests the intention that the father or mother exercising parental authority not be permitted to manage that property, the management of that property does not come under the purview of the father or mother.

(2)If neither parent has the right to manage the property referred to in the preceding paragraph and the third party does not designate a manager, the family court may appoint a manager at the request of the child, a relative thereof, or the public prosecutor.

(3)Even if the third party designates a manager, the preceding paragraph still applies if the authority of the manager is extinguished or if it becomes necessary to replace the manager, in the event that the third party does not designate another manager.

(4)The provisions of Article 27 through Article 29 apply mutatis mutandis to a case as referred to in one of the preceding two paragraphs.

Article 831The provisions of Article 654 and Article 655 apply mutatis mutandis when a person exercising parental authority manages the property of a child and to a case as referred to in the preceding Article.

Article 832(1)A claim arising in respect of the management of the child's property between a person who exercised parental authority and the child is extinguished by prescription if not exercised within five years from the time the right to manage the child's property lapses.

(2)If the right to manage a child's property lapses before the child attains the age of majority and the child has no legal representative, the period referred to in the preceding paragraph is calculated beginning from the time the child attains the age of majority or a new statutory agent is appointed.

Article 833A person who exercises parental authority over a child also acts in place of that child in exercising any parental authority that child holds.

Article 834If the father or mother abuses or willfully abandons the child, or if significant difficulty or impropriety in the father's or mother's exercise of parental authority otherwise greatly harms the interests of the child, the family court may issue a ruling affirming the father's or mother's loss of parental authority, at the request of the child, a relative thereof, the guardian, the guardian supervisor, or the public prosecutor; provided, however, that this does not apply if cause for such a ruling is expected to cease to exist within two years.

Article 834-2(1)If difficulty or impropriety in the father's or mother's exercise of parental authority harms the interests of the child, the family court may rule to suspend the parental authority of the father or mother, at the request of the child, a relative thereof, the guardian, the guardian supervisor, or the public prosecutor.

(2)If the family court rules to suspend parental authority, it must fix the term of no greater than two years during which parental authority is suspended in consideration of the time expected to be required for cause for such a ruling to cease to exist, the physical and mental condition of the child, circumstances in the child's daily life, and all other circumstances.

Article 835If difficulty or impropriety in the father's or mother's exercise of the right to manage the child's property harms the interests of the child, the family court may issue a ruling affirming the father's or mother's loss of the right to manage the child's property, at the request of the child, a relative thereof, the guardian, the guardian supervisor, or the public prosecutor.

Article 836If the cause provided for in the main clause of Article 834, Article 834-2, paragraph (1); or the preceding Article ceases to exist, the family court may rescind a ruling affirming the loss of parental authority, suspending parental authority, or affirming the loss of the right to manage the child's property, at the request of the person concerned or a relative thereof.

Article 837(1)If there are compelling circumstances, a father or mother who exercises parental authority may surrender parental authority or the right to manage the child's property, with the permission of the family court.

(2)If the circumstances referred to in the preceding paragraph cease to exist, the father or mother may resume parental authority or the right to manage the child's property, with the permission of the family court.

Article 838Guardianship commences if:

Article 853(1)A guardian must undertake a search for the ward's assets without delay, and must finish the search and prepare an inventory within one month; provided, however, that this period may be extended with the approval of the family court.

(2)The search for assets and preparation of an inventory is not valid unless conducted in the presence of the guardian supervisor, if there is one.

Article 854Until completing the inventory of property, the guardian has only the authority to take those actions that urgently need to be taken; provided, however, that this may not be asserted against a third party in good faith.

Article 855(1)If a guardian holds a claim against the ward or bears an obligation thereto, the guardian must report this to the supervisor, if there is one, before undertaking the search for assets.

(2)If a guardian knows of a claim that the guardian holds against the ward and does not report it, this claim is lost.

Article 856The provisions of the preceding three Articles apply mutatis mutandis if the ward acquires property under universal title after the guardian begins that role.

Article 857The guardian of a minor has the same rights and duties as a person exercising parental authority with respect to the matters prescribed in Article 820 through Article 823; provided, however, that in order to change the plan of education or residence fixed by a person exercising parental authority, in order to give the minor permission to do business, or in order to revoke or limit that permission, the guardian must obtain the consent of the supervisor, if there is one.

Article 857-2(1)If a minor ward has multiple guardians, they exercise their authority jointly.

(2)If a minor ward has multiple guardians, the family court may determine sua sponte that some of the guardians may only exercise their authority over the minor's property.

(3)If a minor ward has multiple guardians, the family court may determine sua sponte that each guardian may exercise authority independently, or that the multiple guardians must exercise their authority according to a division of labor, in respect of their authority over the minor's property.

(4)The family court may rescind, sua sponte, a determination under the provisions of the preceding two paragraphs.

(5)If a minor ward has multiple guardians, it is sufficient for a manifestation of intention by a third party be made to one of them.

Article 858The guardian of an adult, in undertaking administration in respect of the daily life, medical treatment or care, and management of the property of the adult ward, must respect the wishes of the adult ward and act with consideration for the ward's mental and physical condition and circumstances in the ward's daily life.

Article 859(1)The guardian manages the ward's property and represents the ward in juridical acts involving the same.

(2)The provisions of the proviso to Article 824 apply mutatis mutandis to a case as referred to in the preceding paragraph.

Article 859-2(1)If an adult ward has multiple guardians, the family court may determine, sua sponte, that the guardians must exercise their authority jointly or according to a division of labor.

(2)The family court may rescind, sua sponte, a determination under the provisions of the preceding paragraph.

(3)If an adult ward has multiple guardians, it is sufficient for a manifestation of intention by a third party to be made to one of them.

Article 859-3The guardian of an adult must obtain the permission of the family court to sell, rent out, cancel the lease on, establish a mortgage on, or otherwise similarly dispose, on the adult ward's behalf, of a building or site being used as the ward's residence.

Article 860The provisions of Article 826 apply mutatis mutandis to a guardian; provided, however, that this does not apply if there is a guardian supervisor.

Article 861(1)Upon beginning in the role of guardian, the guardian must estimate the amount of money that will be required in annual expenditures for the daily life, education, medical treatment and care, and management of the ward's property.

(2)A guardian pays the expenses necessary for administering the guardianship out of the ward's property.

Article 862The family court may grant reasonable remuneration to a guardian out of the ward's property, based on the financial capacity of the guardian and the ward and other circumstances.

Article 863(1)At any time, the guardian supervisor or the family court may demand that the guardian submit a report on the guardianship administration or an inventory of property, and may investigate the guardianship administration or the financial status of the ward.

(2)The family court may order any necessary disposition with respect to the management of the ward's property or other guardianship administration, at the request of the guardian supervisor, the ward, the relative thereof, or any other interested person, or sua sponte.

Article 864A guardian must obtain the consent of the guardian supervisor, if there is one, in order to do business or perform an act set forth in one of the items of Article 13, paragraph (1) on behalf of a ward, or in order to give consent for a minor ward to do the same; provided, however, that this does not apply to the receipt of principal set forth in Article 13, paragraph (1), item (i).

Article 865(1)The ward or guardian may disaffirm an act conducted or consented to by the guardian in violation of the provisions of the preceding Article. The provisions of Article 20 apply mutatis mutandis in such a case.

(2)The provisions of the preceding paragraph do not preclude the application of the provisions of Article 121 through Article 126.

Article 866(1)If a guardian acquires the property of the ward or the right of a third party against the ward, the ward may disaffirm that acquisition. In this case, the provisions of Article 20 apply mutatis mutandis.

(2)The provisions of the preceding paragraph do not preclude the application of the provisions of Article 121 through Article 126.

Article 867(1)The guardian of a minor acts in place of the minor ward in exercising any parental authority the ward holds.

(2)The provisions of Article 853 through Article 857 and Article 861 through Article 866 apply mutatis mutandis to a case as referred to in the preceding paragraph.

Article 868If the person exercising parental authority does not have the right to manage the minor's property, the guardian of that minor has authority only over the minor's property.

Article 869The provisions of Article 644 and Article 830 apply mutatis mutandis to guardianship.

Article 870When the duties of a guardian come to an end, the guardian or the heir thereof must account for the guardian's management of the ward's property (hereinafter referred to as "accounting for the guardianship") within two months; provided, however, that this period may be extended with the approval of the family court.

Article 871Accounting for the guardianship must be done in the presence of the guardian supervisor, if there is one.

Article 872(1)A minor ward may rescind a contract entered into with the guardian or the successor thereof after attaining the age of majority but before the accounting for the guardianship has been finalized. The same applies to a unilateral juridical act that the person performs against the guardian of a minor or the successor thereof.

(2)The provisions of Article 20 and Article 121 through Article 126 apply mutatis mutandis to a case as referred to in the preceding paragraph.

Article 873(1)Interest must be calculated to accrue on money to be refunded by the guardian to the ward and money to be refunded by the ward to the guardian from the time the accounting for the guardianship is finalized.

(2)If the guardian expends the ward's money for the benefit of the guardian, interest must be calculated to accrue on that money from the time of the expenditure. In such a case, if further damage is incurred by the ward, the guardian is liable for compensation.

Article 874The provisions of Article 654 and Article 655 apply mutatis mutandis to guardianship.

Article 875(1)The provisions of Article 832 apply mutatis mutandis to the extinctive prescription of a claim that arises between the guardian or guardian supervisor and the ward in respect of the guardianship.

(2)If a juridical act is canceled pursuant to the provisions of Article 872, the period of extinctive prescription referred to in the preceding paragraph commences from the time of that cancellation.

Article 876Curatorship commences upon a decision to establish a curatorship.

Article 876-2(1)If the family court issues a decision to establish a curatorship, it appoints a curator sua sponte.

(2)The provisions of Article 843, paragraphs (2) through (4) and Article 844 through Article 847 apply mutatis mutandis to a curator.

(3)If an action involves a conflict of interest between the curator or person representing the curator and the person under curatorship, the curator must request the family court to appoint a temporary curator; provided, however, that this does not apply if there is a curator supervisor.

Article 876-3(1)The family court may appoint a curator supervisor, if it finds this to be necessary, at the request of the person under curatorship, the relative thereof, the curator, or sua sponte.

(2)The provisions of Article 644; Article 654; Article 655; Article 843, paragraph (4); Article 844; Article 846; Article 847; Article 850; Article 851; Article 859-2; Article 859-3; Article 861, paragraph (2); and Article 862 apply mutatis mutandis to a curator supervisor. In this case, the phrase "to represent the ward with respect to" in Article 851, item (iv) is deemed to be replaced with "to represent the person under curatorship, or consent to the person under curatorship acting, with respect to".

Article 876-4(1)At the request of a person provided for in the main clause of Article 11, the curator, or the curator supervisor, the family court may issue a ruling that grants the curator authority to represent the person under curatorship in respect of specified juridical acts.

(2)A ruling as referred to in the preceding paragraph which is issued at the request of any person other than the person under curatorship requires the consent of the person under curatorship.

(3)The family court may rescind a ruling as referred to in paragraph (1), in whole or in part, at the request of a person provided for in that paragraph.

Article 876-5(1)A curator, in administering the curatorship, must respect the wishes of the person under curatorship and act with consideration for the mental and physical condition of the person under curatorship and circumstances in that person's daily life.

(2)The provisions of Article 644; Article 859-2; Article 859-3; Article 861, paragraph (2); Article 862; and Article 863 apply mutatis mutandis to the administration of a curatorship, and the provisions of the proviso to Article 824 apply mutatis mutandis when a curator represents a person under curatorship based on a ruling granting authority to represent as referred to in paragraph (1) of the preceding Article.

(3)The provisions of Article 654, Article 655, Article 870, Article 871, and Article 873 apply mutatis mutandis when the duties of a curator end, and the provisions of Article 832 apply mutatis mutandis to claims that arise between the curator or curator supervisor and the person under curatorship in respect of the curatorship.

Article 876-6Assistance commences upon a decision to establish an assistance.

Article 876-7(1)If the family court issues a decision to establish an assistance, it appoints an assistant sua sponte.

(2)The provisions of Article 843, paragraphs (2) through (4) and Article 844 through Article 847 apply mutatis mutandis to an assistant.

(3)If an action involves a conflict of interest between the assistant or person representing the assistant and the person under assistance, the assistant must request the family court to appoint a temporary assistant; provided, however, that this does not apply if there is an assistant supervisor.

Article 876-8(1)The family court may appoint an assistant supervisor if it finds this to be necessary, at the request of the person under assistance, the relative thereof, the assistant, or sua sponte.

(2)The provisions of Article 644; Article 654; Article 655; Article 843, paragraph (4); Article 844; Article 846; Article 847; Article 850; Article 851; Article 859-2; Article 859-3; Article 861, paragraph (2); and Article 862 apply mutatis mutandis to an assistant supervisor. In this case, the phrase "to represent the ward with respect to" in Article 851, item (iv) is deemed to be replaced with "to represent the person under assistance, or consent to the person under assistance acting, with respect to".

Article 876-9(1)At the request of a person provided for in the main clause of Article 15, paragraph (1), the assistant, or the assistant supervisor, the family court may issue a ruling that grants the assistant authority to represent the person under assistance in respect of specified juridical acts.

(2)The provisions of Article 876-4, paragraph (2) and paragraph (3) apply mutatis mutandis to the ruling referred to in the preceding paragraph.

Article 876-10(1)The provisions of Article 644; Article 859-2; Article 859-3; Article 861, paragraph (2); Article 862; Article 863; and Article 876-5, paragraph (1) apply mutatis mutandis to the administration of assistance, and the provisions of the proviso to Article 824 apply mutatis mutandis when an assistant represents a person under assistance based on a ruling granting the assistant authority to represent as referred to in paragraph (1) of the preceding Article.

(2)The provisions of Article 654, Article 655, Article 870, Article 871, and Article 873 apply mutatis mutandis when the duties of the assistant end, and the provisions of Article 832 apply mutatis mutandis to claims that arise between the assistant or assistant supervisor and the person under assistance in respect of the assistance.

Article 896From the time the succession opens, the heirs succeed to all rights and duties attached to the property of the decedent; provided, however, that this does not apply to rights or duties of the decedent that are purely personal.

Article 897(1)Notwithstanding the provisions of the preceding Article, rights of ownership in genealogical records, implements used in rituals, and graves are succeeded to by the person that custom dictates is to preside over ancestral rituals; provided, however, that if the decedent has designated a person to preside over ancestral rituals, this person succeeds to these rights.

(2)In a case as referred to in the main clause of the preceding paragraph, if it is not evident whom custom dictates, the family court determines who succeeds to the rights referred to in that paragraph.

Article 898If there are two or more heirs, the estate belongs to those heirs in coownership.

Article 899Each coheir succeeds to the rights and duties of the decedent in proportion to that heir's share of the estate.

Article 900If there are two or more heirs of the same place in the line of succession, their shares of the estate are as prescribed in the following items:

Article 901(1)The share in the decedent's estate of a lineal descendant who becomes an heir pursuant to the provisions of Article 887, paragraph (2) or paragraph (3) is the same as the share that person's lineal ascendant would have received; provided, however, that if there are two or more such lineal descendants, their shares of the estate are determined in accordance with the provisions of the preceding Article.

(2)The provisions of the preceding paragraph apply mutatis mutandis if the child of a sibling becomes an heir pursuant to the provisions of Article 889, paragraph (2).

Article 902(1)Notwithstanding the provisions of the preceding two Articles, a person leaving an estate may decide by will the share of a coheir or entrust a third party by will with deciding the same; provided, however, that it is not permissible for the person leaving the estate or the third party to violate provisions regarding the statutory reserved share.

(2)If a person leaving an estate decides, or has a third party decide, only one or some of the coheirs' shares in the estate coheir, the shares of the other coheirs are decided pursuant to the provisions of the preceding two Articles.

Article 903(1)If any of the coheirs has received from the decedent a legacy or other gift for marriage or adoption or as capital for subsistence, the estate of the decedent is deemed to comprise the value of the property belonging to the decedent at the time the succession opens plus the value of all such legacies and other gifts, and the share in the estate of a coheir who has received such a legacy or other gift is the amount remaining after the value of all such legacies and other gifts thereto is deducted from the heir's share of the estate as calculated pursuant to the provisions of the preceding three Articles.

(2)If the value of legacies and other gifts is equal to or exceeds the value of the share in the estate of the legatee or donee, that legatee or donee may not receive a share of the estate.

(3)If the decedent has manifested an intention differing from the provisions of one of the preceding two paragraphs, that intention is effective, to the extent that it does not violate the provisions regarding the statutory reserved share.

Article 904Even if the conduct of the donee leads to the loss of the property that was the object of a gift and even if there is a fluctuation in the value of such property, the property is deemed to be in its original state, as it was at the time the succession opened, as regards the determination of the value of the gift as prescribed in the preceding Article.

Article 904-2(1)If a coheir has made a special contribution to maintaining or increasing the assets of the decedent, by supplying labor or providing financially for the business of the decedent, through a contribution to the medical treatment or care of the decedent, or in any other way, the estate is deemed to comprise the value of the assets held by the decedent at the time the succession opens, less the amount that the coheirs determine by agreement to be the heirs' contribution to the estate; and the share in the estate of a coheir who has made such a contribution is the amount of that heir's contribution plus the heir's share of the estate as calculated pursuant to the provisions of Article 900 through Article 902.

(2)If an agreement as referred to in the preceding paragraph is not reached or if discussions toward such an agreement cannot be held, the family court determines the amount of contribution to the estate at the request of a person making a contribution to the estate as prescribed the preceding paragraph, in consideration of the timing of the contribution, the means and extent of the contribution, the value of the estate, and all other circumstances.

(3)The amount of contribution to an estate may not exceed the amount remaining after the value of legacies is deducted from the value of the property held by the decedent at the time the succession opens.

(4)The request referred to in paragraph (2) may be filed if a request under the provisions of Article 907, paragraph (2) has been filed, or in the case prescribed in Article 910.

Article 905(1)If one coheir assigns that heir's share in the estate to a third party before the division of the estate, any other coheir may acquire that share by reimbursing the third party for the value and expenses thereof.

(2)The right referred to in the preceding paragraph must be exercised within one month.

Article 906The division of an estate is made in consideration of the type and nature of goods and rights belonging to the estate, the age, occupation, mental and physical condition, and financial circumstances of each heir, and all other circumstances.

Article 907(1)Unless the decedent has prevented them from doing so by will pursuant to the provisions of the following Article, coheirs may at any time divide the estate by agreement.

(2)If an agreement between coheirs with regard to the division of the estate is not reached or if discussions toward such an agreement cannot be held, any one of the coheirs may file a request with the family court to divide the estate.

(3)If there is a special reason for doing so in a case as referred to in the preceding paragraph, the family court may prohibit the division of the estate in whole or part during a specified period.

Article 908A person leaving an estate, by will, may decide how the estate is to be divided, entrust a third party with deciding the same, or prohibit the division of the estate for a specified period not exceeding five years from the time the succession opens.

Article 909The division of an estate is effective retroactive to the time the succession opens; provided, however, that this may not prejudice the rights of a third party.

Article 910If a person who becomes an heir through an acknowledgment of parentage or filiation after succession is opened seeks to request the division of the estate, but the other coheirs have already divided or otherwise disposed of it, that person is entitled to payment of that person's share in terms of its value only.

Article 911Each coheir, in proportion to that heir's share of the estate, is liable under warranty to all of the other coheirs in the same manner that a seller would be.

Article 912(1)Each coheir, in proportion to that heir's share of the estate, guarantees the solvency, at the time of division, of any obligor of a claim that another coheir receives in the division of the estate.

(2)As regards a claim that is either not yet due or is subject to a condition precedent, each coheir guarantees the solvency of the obligor at the time when the payment is due.

Article 913If, among the coheirs who are liable to one another under a warranty or guaranty, there is an heir who is without the financial means to reimburse one of the others, the portion that the insolvent heir is unable to reimburse is shared among the heir seeking reimbursement and the other solvent heirs, in proportion to their shares of the estate; provided, however, that if there is negligence on the part of the heir seeking reimbursement, that heir may not request that the other coheirs share liability.

Article 914If a decedent, by will, has manifested an intention that differs from the provisions of the preceding three Articles, the provisions of those Articles do not apply.

Article 915(1)An heir must either accept the succession unconditionally or with qualifications, or renounce it, within three months of the time the heir learns that succession has opened to that heir; provided, however, that this period may be extended by the family court at the request of an interested party or the public prosecutor.

(2)An heir may examine the estate before accepting or renouncing the succession.

Article 916If an heir dies without having accepted or renounced the succession, the period referred to in paragraph (1) of the preceding Article is calculated from the time that the heir of the deceased heir learns that the succession has opened to the living heir.

Article 917If an heir is a minor or an adult ward, the period referred to in Article 915, paragraph (1) is calculated from the time that the legal representative thereof learns that the succession has opened to the minor or adult ward.

Article 918(1)An heir must administer the estate with the same care that the heir would exercise over the heir's own property; provided, however, that this does not apply once the heir accepts or renounces the succession.

(2)The family court may at any time order the necessary measures to be taken for the preservation of the estate, at the request of an interested party or the public prosecutor.

(3)The provisions of Article 27 through Article 29 apply mutatis mutandis when the family court appoints an administrator to an estate pursuant to the provisions of the preceding paragraph.

Article 919(1)The acceptance or renunciation of a succession may not be revoked even within the period referred to in Article 915, paragraph (1).

(2)The provisions of the preceding paragraph do not preclude the acceptance or renunciation of a succession from being rescinded pursuant to the provisions of Part I (General Provisions) and Part IV (Relatives).

(3)The right of rescission referred to in the preceding paragraph is extinguished by prescription if not exercised within six months of the time ratification becomes possible. It is also extinguished by prescription once ten years have passed since the time of acceptance or renunciation of the succession.

(4)A person seeking to rescind a qualified acceptance or renunciation of a succession pursuant to the provisions of paragraph (2) must file a statement with the family court to that effect.

Article 938A person seeking to renounce a succession must file a statement with the family court to that effect.

Article 939A person who has renounced a succession is deemed never to have been an heir as regards that succession.

Article 940(1)A person renouncing a succession must continue to administer the estate with the same care that the person would exercise over the person's own property until a person who becomes an heir as a result of the renunciation begins to administer the estate.

(2)Article 645; Article 646; Article 650, paragraphs (1) and paragraph (2); and Article 918, paragraph (2) and paragraph (3) apply mutatis mutandis to a case as referred to in the preceding paragraph.

Article 960A person's will may be made only in accordance with the formalities prescribed by this Code.

Article 961Any person who has attained 15 years of age may make a will.

Article 962The provisions of Article 5, Article 9, Article 13, and Article 17 do not apply to wills.

Article 963At the time of making a will, the testator must have the capacity to do so.

Article 964A testator may make a disposition of all or part of the testator's property, under a universal or particular title; provided, however, that this may not violate provisions regarding the statutory reserved share.

Article 965The provisions of Article 886 and Article 891 apply mutatis mutandis to legatees.

Article 966(1)A will is void if a person under guardianship makes it to the benefit of the guardian or the guardian's spouse or lineal relative before the guardian has finished accounting for the guardianship.

(2)The provisions of the preceding paragraph do not apply if the guardian is a lineal relative, spouse, or sibling of the ward.

Article 985(1)A will takes effect at the time of the testator's death.

(2)If a will contains a condition precedent and the condition is fulfilled after the death of the testator, the will takes effect from the time that condition is fulfilled.

Article 986(1)A legatee may renounce a legacy at any time after the death of the testator.

(2)The renunciation of a legacy is valid retroactive to the time of the testator's death.

Article 987The person charged with a legacy (meaning a person who bears a duty to discharge a legacy; hereinafter the same applies in this Section) or any other interested party may issue notice to a legatee that the legatee must accept or renounce the legacy within a reasonable, specified period of time. In such a case, if the legatee does not manifest an intention to the person charged with the legacy within that period, the legacy is deemed to have been accepted.

Article 988If a legatee dies without accepting or renouncing a legacy, the legatee's heir may accept or renounce the legacy within the scope of the heir's own right of inheritance; provided, however, that if the testator manifests different intention by will, that intention prevails.

Article 989(1)The acceptance or renunciation of a legacy may not be revoked.

(2)The provisions of Article 919, paragraphs (2) and (3) apply mutatis mutandis to the acceptance and renunciation of a legacy.

Article 990A universal legatee has the same rights and duties as an heir.

Article 991Before a legacy becomes due, the legatee may request reasonable security from the person charged with the legacy. The same applies with respect to a legacy that is subject to a condition precedent while the fulfillment of that condition is pending.

Article 992A legatee acquires the fruits of the legacy beginning from when the legatee may request that the legacy be paid; provided, however, that if the testator manifests different intention by will, that intention prevails.

Article 993(1)The provisions of Article 299 apply mutatis mutandis if the person charged with a legacy incurs expenses in respect of the object of the legacy after the death of the testator.

(2)It is permissible to claim reimbursement for any normal and necessary expenses incurred in collecting the fruits of a legacy, up to the limit of the value of those fruits.

Article 994(1)A legacy does not become effective if the legatee predeceases the testator.

(2)The preceding paragraph also applies in respect of a legacy that is subject to a condition precedent, if the legatee dies before the fulfillment of the condition; provided, however, that if the testator manifests different intention by will, that intention prevails.

Article 995If the effect of a legacy does not arise, or if its effect is lost due to renunciation, that which the legatee would have received devolves to the heirs; provided, however, that if the testator manifests a different intention by will, that intention prevails.

Article 996A legacy does not take effect unless the rights that are the object of that legacy belong to the estate at the time of the testator's death; provided, however, that, regardless of whether such rights are part of the estate, the foregoing does not apply if it is found that the testator made those rights the object of the legacy.

Article 997(1)If a legacy having as its object rights not belonging to the estate takes effect pursuant to the proviso to the preceding Article, the person charged with the legacy bears a duty to obtain those rights and transfer them to the legatee.

(2)In a case as referred to in the preceding paragraph, if the rights prescribed in that paragraph cannot be obtained or if obtaining them would require excessive expenses, the person charged with the legacy must compensate the legatee for the value of those rights; provided, however, that if the testator manifests different intention by will, that intention prevails.

Article 998(1)If a legacy has as its object a generic thing and the legatee is required to return that thing to a third party, the person charged with the legacy is liable under warranty to the legatee in the same manner that a seller would be .

(2)If a legacy has as its object generic thing and that thing has a defect, the person charged with the legacy must exchange that thing for one that is without defect.

Article 999(1)If the testator has the right to claim compensation from a third party because of the loss, alteration, or loss of possession of the object of a legacy, that right is presumed to have been made the object of the legacy.

(2)If accession or mixture has arisen in respect of the object of a legacy and another thing and the testator has become the sole owner or a co-owner of the thing formed by accession or mixture pursuant to the provisions of Articles 243 through 245, full ownership of that thing or the testator's share therein is presumed to have been made the object of the legacy.

Article 1000If the thing or right that a legacy has as its object is subject to the rights of a third party at the time of the testator's death, the legatee may not demand that the person charged with the legacy extinguish the third party's rights; provided, however, that this does not apply if the testator manifests a contrary intention by will.

Article 1001(1)In the event that a claim has been made the object of a legacy, if the testator has received payment or delivery in respect of that claim and a thing so received is among the estate, that thing is presumed to have been made the object of that legacy.

(2)If money is the object of a claim that has been made the object of a legacy, that money is presumed to have been made the object of the legacy even if funds equivalent to that claim are not among the estate.

Article 1002(1)A person receiving a conditioned legacy is only liable for the performance of the obligations so borne up to the limit of the value of the object of the legacy.

(2)If a legatee renounces the legacy, the person who would have benefitted by the burden may personally become a legatee; provided, however, that if the testator manifests different intention by will, that intention prevails.

Article 1003If the value of the object of a conditioned legacy is reduced due to the qualified acceptance of a succession or through an action to recover the statutory reserved share, the legatee is exempted from a proportion of the obligations borne under that legacy, in line with the proportion of the reduction; provided, however, that if the testator manifests different intention by will, that intention prevails.

Article 1004(1)Without delay after learning of the opening of the succession, the custodian of will must submit the will to the family court and file a request for probate. The same applies after an heir discovers the will, if no one is its custodian.

(2)The provisions of the preceding paragraph do not apply to a will in the form of a notarial instrument.

(3)A will that has been closed and sealed may not be opened except in the family court and in the presence of the heirs or their representatives.

Article 1005A person failing to submit a will pursuant to the provisions of the preceding Article, executing a will without it passing through probate, or opening a closed and sealed will in a place other than the family court is subject to a civil fine of not more than 50,000 yen.

Article 1006(1)A testator may designate one or several executors, or entrust that designation to a third party, by will.

(2)A person entrusted with the designation of an executor must make that designation and notify the heirs thereof without delay.

(3)A person entrusted with the designation of an executor and seeking to decline to do so must notify the heirs that effect without delay.

Article 1007Upon consenting to act as executor, the executor must immediately undertake the duties of that role.

Article 1008An heir or other interested party may demand the executor to answer definitively as to whether the executor consents to act as such within a reasonable period of time specified by the heir or interested party. In such a case, if the executor does not answer the heir definitively within that period, the executor is deemed to consent to act as such.

Article 1009A minor or a bankrupt may not become an executor.

Article 1010If there is no executor or there comes to no longer be an executor, the family court may appoint an executor at the request of an interested party.

Article 1011(1)The executor must prepare an inventory of the estate and deliver this to the heirs without delay.

(2)If an heir so requests, the executor must prepare the inventory of the estate in the heir's presence or have a notary prepare it.

Article 1012(1)The executor has the right and the duty to administer the estate and to perform all other actions necessary to the execution of the will.

(2)The provisions of Articles 644 through 647 and 650 apply mutatis mutandis to the executor.

Article 1013If there is an executor, it is not permissible for an heir to dispose of the estate or to take any other action that interferes with the execution of the will.

Article 1014If a testator's will concerns specific property from among the estate, the provisions of Articles 1011 through 1013 apply only with respect to that specific property.

Article 1015The executor is deemed to be the representative of the heirs.

Article 1016(1)An executor may only have a third party undertake the duties of executor if there is a legitimate reason for doing so; provided, however, that this does not apply if the testator manifests a contrary intention by will.

(2)If an executor has a third party undertake the duties of executor pursuant to the provisions of the proviso to the preceding paragraph, the executor owes the duty prescribed in Article 105 to the heirs.

Article 1017(1)If there are multiple executors, the way in which they execute their duties is decided by majority; provided, however, that if the testator manifests different intention by will, that intention prevails.

(2)Notwithstanding the provisions of the preceding paragraph, any individual executor may undertake an act of preservation.

Article 1018(1)The family court may set the remuneration of an executor based on the condition of the estate and other circumstances; provided, however, that this does not apply if the testator specifies the remuneration in the will.

(2)The provisions of Article 648, paragraphs (2) and (3) apply mutatis mutandis when an executor receives remuneration.

Article 1019(1)An interested party may file a request with the family court to dismiss the executor if that executor fails to do the duties thereof or if there is any other legitimate reason for dismissal.

(2)If there is a legitimate reason, an executor may resign from duties as executor with the permission of the family court.

Article 1020The provisions of Articles 654 and 655 apply mutatis mutandis when duties of an executor come to an end.

Article 1021Expenses for the execution of a will are borne by the estate; provided, however, that the statutory reserved shares may not be reduced by this.

Article 1022A testator may at any time revoke a will in whole or in part, using the formalities for the making of a will to do so.

Article 1023(1)If a previous will conflicts with a later will, the testator is deemed to have revoked the conflicting part of the previous will by making the later will.

(2)The provisions of the preceding paragraph apply mutatis mutandis if a will conflicts with a disposition inter vivos, or any other such juridical act, that is undertaken after the will is made.

Article 1024If a testator intentionally destroys a will, the testator is deemed to have revoked the part of the will that has been destroyed. The same applies if the testator intentionally destroys a thing constituting the object of a legacy.

Article 1025A will revoked pursuant to the provisions of Articles 1022 through 1024 does not recover validity even if the act of revocation is revoked, rescinded, or invalidated; provided, however, that this does not apply if the act of revocation was the result of fraud or duress.

Article 1026A testator may not waive the right to revoke a will.

Article 1027If a person receiving a conditioned legacy is not performing the duty imposed thereby, an heir may demand that the person perform that duty within a reasonable period of time. In such a case, if the person does not perform the duty within that period of time, the heir may file a request with the family court to rescind the testator's will as regards the conditioned legacy.