Disqualification and disinheritance of an heir: how they differ and affect division

In short: disqualification of an heir and disinheritance both make a particular person lose the right to inherit, but they work differently. Disqualification of an heir is where an heir who has committed a certain serious act loses the right to inherit by operation of law, without going through any procedure (Civil Code, Article 891). Disinheritance is where, on abuse, grave insult or other seriously improper conduct by a presumptive heir who has a legally reserved portion, the court, on the decedent's petition, adjudicates and makes the person lose the right to inherit (Civil Code, Articles 892 to 895). Both are causes of substitute succession (Civil Code, Article 887(2)). This article is general information; whether a given case falls under either, and whether disinheritance is granted, depend on consulting a qualified professional and on the court's judgement.

How do disqualification and disinheritance differ?

Both have the same effect of "removing a person from the inheritance," but the reason for removal and the procedure differ fundamentally. Disqualification arises by operation of law and needs no procedure. Disinheritance arises on the decedent's intention, by the court's adjudication. In summary:

	Disqualification	Disinheritance
Basis	Civil Code, Article 891	Civil Code, Articles 892–895
Subject	Any heir	A presumptive heir who has a legally reserved portion
Cause	Statutory grounds of disqualification (serious misconduct, interference with a will, etc.)	Abuse, grave insult, or other seriously improper conduct
When it takes effect	By operation of law (no procedure)	On the court's adjudication becoming final
The decedent's intention	Arises regardless	The decedent's petition is required
Cancellation / revocation	Not possible	Possible (Civil Code, Article 894)
Can a bequest be received?	No (Article 891 applied by Article 965)	Yes (disinheritance is not applied by reference)
Recorded in the family register	No	Recorded after the adjudication becomes final and is notified
Substitute succession	Arises (Civil Code, Article 887(2))	Arises (Civil Code, Article 887(2))

That the subject is a presumptive heir who has a legally reserved portion also matters. Siblings have no legally reserved portion to begin with, so they are outside disinheritance; the decedent only needs to provide in a will that "the siblings shall not inherit," so disinheritance is unnecessary.

What acts make someone a disqualified heir?

Civil Code, Article 891, provides that a person falling under any of the following five cannot become an heir (loses the right to inherit).

1. A person who has been punished for intentionally causing, or attempting to cause, the death of the decedent or of an heir of prior or equal rank
2. A person who, knowing that the decedent was murdered, did not report or accuse it (except where the person lacks discernment, or where the murderer is the person's spouse or lineal relative)
3. A person who, by fraud or duress, prevented the decedent from making, revoking, cancelling or altering a will concerning the inheritance
4. A person who, by fraud or duress, caused the decedent to make, revoke, cancel or alter a will concerning the inheritance
5. A person who forged, altered, destroyed or concealed the decedent's will concerning the inheritance

The point is that disqualification arises by operation of law, without any procedure. No court adjudication and no expression of the decedent's intention are needed. After the inheritance opens, whether an heir falls under disqualification comes up at the division or registration stage, and if disputed is finally settled by litigation. A disqualified person cannot receive not only an inheritance but also a bequest, because Civil Code, Article 965, applies Civil Code, Article 891, to a legatee—and this is not applied to disinheritance. Evaluating which act falls under a ground of disqualification (especially the intent and purpose behind concealing or destroying a will under item 5) is an individual judgement, and where there is a dispute the assertion and proof are the field of an attorney.

Where do you petition for disinheritance, and can it be done by will?

You petition the court for disinheritance. There are two ways. First, the decedent petitions the court in their lifetime (Civil Code, Article 892). This can be done where a presumptive heir with a legally reserved portion has abused the decedent or added a grave insult, or where there is other seriously improper conduct. Second, disinheritance by will (Civil Code, Article 893). Where the decedent expresses the intention of disinheritance in a will, the executor petitions the court for disinheritance without delay after the will takes effect. In that case the effect of disinheritance arises retroactively to the time of the decedent's death. Because designating an executor is the key if you consider disinheritance by will, please also check Holographic wills and notarial wills.

Disinheritance can be cancelled at any time (Civil Code, Article 894). The cancellation, too, can be done either by a lifetime petition or by will. Also, where the inheritance opens after a petition for disinheritance or its cancellation but before the adjudication becomes final, the court may, on the petition of a relative, an interested person or a public prosecutor, order the measures necessary for managing the estate (Civil Code, Article 895). Procedurally, an adjudication case for disinheritance of a presumptive heir is under item 86 of Appended Table 1 of the Domestic Relations Case Procedure Act, and cancellation of the disinheritance adjudication under item 87 of the same table, treated as adjudication matters not suited to conciliation (Domestic Relations Case Procedure Act).

Procedure	Who may petition	Basis
Lifetime disinheritance	The decedent	Civil Code, Article 892
Disinheritance by will	The executor (based on the will)	Civil Code, Article 893
Cancellation of disinheritance	The decedent (lifetime / will)	Civil Code, Article 894
Estate management before the adjudication is final	A relative, interested person or public prosecutor	Civil Code, Article 895

How do the statutory share and substitute succession change with disqualification or disinheritance?

A person who has lost the right to inherit through disqualification or disinheritance is treated as never having been an heir, and that share is reflected in the statutory shares of the other heirs. What matters here is substitute succession. Where the decedent's child has died before the inheritance opens, or has fallen under disqualification or lost the right through disinheritance, that person's child (a grandchild) inherits by substitution (Civil Code, Article 887(2)). So even if a parent is removed by disqualification or disinheritance, that parent's child can inherit as a substitute heir. It is an adjustment so the removed person does not gain, while the rights of their lineal descendants are protected.

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Easily confused is the difference from renunciation of inheritance. A person who renounces is deemed never to have been an heir, but renunciation is not a cause of substitute succession. So the child of a person who renounced does not inherit by substitution. Note the difference: substitution arises with disqualification and disinheritance, but not with renunciation. The idea of the statutory share itself is organised in The basics of the statutory share and substitute succession. The final share and how to divide are decided in the division agreement among all the heirs.

Who do you ask for the deed, the court petition and registration?

Inheritance involving disqualification or disinheritance divides the roles by stage.

• Gathering family registers to fix the heirs and their shares, the chart of inheritance relations, and support for preparing the division agreement where consent is reached → Yotsuba Administrative Scrivener Office (administrative scrivener)
• Petitioning the court for disinheritance or its cancellation, negotiation and representation with the other party, disputes over whether disqualification exists, and individual legal judgement on rights and obligations → an attorney
• Registration of inheritance where the estate includes real property → a judicial scrivener
• Filing and calculating inheritance tax → a tax accountant
• Consultation on selling or using inherited real property → Yotsuba Real Estate Co., Ltd.

Yotsuba Administrative Scrivener Office handles, as an independent business, heir investigation, the chart of inheritance relations, and support for preparing the division agreement where all the heirs reach consent. Petitioning the court for disinheritance or its cancellation, situations where the existence of disqualification is disputed, and negotiation and individual legal judgement with the other party are an attorney's work. Registration of inheritance is by a judicial scrivener, inheritance tax by a tax accountant, and selling or using inherited real property by Yotsuba Real Estate Co., Ltd. (a separate business), each under a separate contract or consultation. Our office receives no referral fee. For the whole picture of inheritance procedures, see Inheritance Procedures; for the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for inheritance real-estate consultation, see Inheritance Real Estate Desk. How to prepare the division agreement itself is organised in How to prepare an estate division agreement.

FAQ

Q. Which is the more serious, disqualification or disinheritance?
A. It is not about severity but about how they work. Disqualification is where an heir who committed a certain serious act loses the right to inherit by operation of law, without any procedure (Civil Code, Article 891). Disinheritance is where, on abuse, grave insult or seriously improper conduct by a presumptive heir with a legally reserved portion, the court, on the decedent's petition, adjudicates the loss of the right (Civil Code, Article 892). Disqualification arises by operation of law from the gravity of the act; disinheritance needs the decedent's intention and the court's judgement.

Q. Can I disinherit an heir by will?
A. Yes. Where the decedent expresses the intention of disinheritance in a will, the executor petitions the court for disinheritance without delay after the will takes effect (Civil Code, Article 893). The effect arises retroactively to the time of the decedent's death. Because designating an executor is the key, it is practical to consider it from the will-drafting stage. Disinheritance can be cancelled at any time (Civil Code, Article 894).

Q. If a parent cannot inherit due to disqualification or disinheritance, can their child not inherit either?
A. That child can inherit as a substitute heir. Where the decedent's child falls under disqualification, or loses the right through disinheritance, that person's child inherits by substitution (Civil Code, Article 887(2)). Only the person who committed the act is removed; the right of their lineal descendants is protected by substitution. Note that renunciation of inheritance is not a cause of substitute succession, so the child of a person who renounced does not inherit by substitution.

Q. Can a disinherited person not receive a bequest either?
A. Disinheritance is a system that makes a person lose the right to inherit; it does not bar a bequest. Civil Code, Article 965, applies Civil Code, Article 891 (disqualification), to a legatee, but does not apply disinheritance, so a disinherited person is not barred from receiving a bequest. On the other hand, a person who falls under disqualification can receive neither an inheritance nor a bequest. How to treat this in an individual case should be discussed with a qualified professional.

Sources (Primary Information)

• e-Gov Law Search, "Civil Code" (Act No. 89 of 1896), Article 887(2) (right of inheritance of children and their substitutes), Article 891 (grounds of disqualification of an heir), Article 892 (disinheritance of a presumptive heir), Article 893 (disinheritance of a presumptive heir by will), Article 894 (cancellation of disinheritance of a presumptive heir), Article 895 (management of the estate concerning the disinheritance of a presumptive heir), Article 965 (application of provisions on heirs to a legatee) (accessed 2026-09-20)
• e-Gov Law Search, "Domestic Relations Case Procedure Act" (Act No. 52 of 2011), Appended Table 1, item 86 (disinheritance of a presumptive heir), item 87 (cancellation of the disinheritance adjudication of a presumptive heir) (accessed 2026-09-20)
• e-Gov Law Search, "Family Register Act" (Act No. 224 of 1947), notification concerning the disinheritance of a presumptive heir (accessed 2026-09-20)
• Courts of Japan, "Disinheritance of a presumptive heir; cancellation of the disinheritance adjudication of a presumptive heir" (courts.go.jp; accessed 2026-09-20)

This article is general information and does not guarantee, for a specific case, the success of disqualification or disinheritance or the share. Whether an act falls under a ground of disqualification, and whether disinheritance is granted, are individual judgements on the circumstances, and if disputed are settled by the court's adjudication or litigation. Petitioning the court for disinheritance or its cancellation, negotiation with the other party, disputes over whether disqualification exists, and individual legal judgement on rights and obligations are handled by an attorney; registration of inheritance where the estate includes real property by a judicial scrivener; the filing and calculation of inheritance tax by a tax accountant; and selling or using inherited real property by Yotsuba Real Estate Co., Ltd., each as an independent business under a separate contract or consultation. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.