| Land Administration Agent - Waiver of Inheritance - Standard Scale of Charges | |
|---|---|
| Item | Fees |
| Basic Costs for Waiver of Inheritance | NT$ 6,000 |
| Each additional heir that waives the right to an inheritance (Including guardians in case of minor children) |
NT$ 800/per person |
| Overseas power of attorney and declaration of inheritance waiver (provided by land administration agents) Referring to【How to handle waiver of inheritance if family members are abroad?】 |
Depending on the case |
| Mailing legal attest letters | Free of charge |
| Applications for household registration transcript on behalf of others | Free of charge |
| Case Study Example |
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| Services are available throughout the country | |
| Qualified Land Administration Agent & Agent’s License (Please click) | |
| Documents required for heir’s waiver of right to inheritance | ||
|---|---|---|
| 1 | Decedent’s Household Registration Cancellation Transcript*1
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| 2 | Household registration transcript of the heir that waives the right to an inheritance (Shall not omit the Note Column)*1 | |
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| 4 | Certificate Seal | |
| 5 | Declaration of Inheritance Waiver verified by an embassy abroad (the heir that waives the right to an inheritance is not in Taiwan) | |
| 6 | Power of Attorney verified by an embassy abroad (the heir that waives the right to an inheritance is not in Taiwan) | |
| 7 | The court cost for inheritance waiver is NT$1,000. | |
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| Documents prepared by the Land Administration Agent for you | ||
|---|---|---|
| 1 | Declaration of Inheritance Waiver | |
| 2 | Inheritance Tree Diagram | |
| 3 | Affidavit of Inheritance Waiver for the benefit of minor children (in case of an heir that waives the right to an inheritance under the age of 18) | |
| 4 | Legal Attest Letter (notifying the heirs who are next in order) | |
[Table of Contents]
1. What is the order of inheritance for heirs who want to waive inheritance?
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The surviving spouse is always an heir under Taiwan law and may file an inheritance waiver within three months after becoming aware of the right to inherit.
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Other heirs must follow the statutory order of inheritance under Article 1138 of the Taiwan Civil Code. If all heirs in the prior order waive inheritance, the next order of heirs will then become eligible heirs.
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The order of inheritance is as follows:
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First order: Lineal descendants by blood
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This usually means the decedent’s children. If the children waive inheritance, the grandchildren may become next-in-line heirs. If necessary, great-grandchildren may also be involved.
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Second order: Parents
If the decedent was adopted, this refers to the adoptive parents, not the biological parents.
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Third order: Siblings
This includes full siblings, half-siblings who share the same father, half-siblings who share the same mother, and adoptive siblings.
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Fourth order: Grandparents
This includes both paternal and maternal grandparents.
If a child of the decedent predeceased the decedent and left children, those children may inherit per stirpes. In that situation, the grandchildren may directly receive inheritance rights and obligations. They should file the inheritance waiver petition together with the other first-priority heirs within the three-month deadline.
2. What is the statute of limitations for filing an inheritance waiver petition?
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Under Article 1174 of the Taiwan Civil Code, an heir must submit a written inheritance waiver petition to the court within three months after becoming aware of his or her right to inherit.
- Please note that becoming aware of the right to inherit does not necessarily mean the date of the decedent’s death.
- If the date of awareness is the date of death, for example, Party A’s father passed away and Party A knew about it on the same day, the three-month period is counted from the date of death.
- If the date of awareness is not the date of death, for example, Party A had no contact with his father for a long time and was not notified when his father passed away. Party A only learned of the death after receiving a court document, debt collection notice, or legal notice. In that situation, the three-month period is counted from the date Party A received the court document.
- For example, if an heir lives abroad, has no contact with the decedent, has not heard of the family member’s death, and does not know that the prior heir has waived inheritance, the date of awareness may not be the date of death.
- If a parent dies and the children have not been in contact for a long time, do not know whether the father or mother has passed away, and did not attend the funeral, the court may summon the heirs or witnesses to confirm the facts.
- If the first-priority heir waives inheritance, in principle, the heirs in the next order of inheritance count the three-month period from the date they receive the inheritance waiver notice or the court document, such as a debt collection document, from the prior heir, not from the date of the decedent’s death.
- Knowing that one has the right to inherit has nothing to do with the heir’s subjective understanding of the law. In other words, the heir cannot claim that he or she did not understand the law. The period begins when the heir legally has the right to inherit at that point in time.
- As long as the petition is submitted to the court within three months, the entire inheritance waiver process does not need to be completed within three months.
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Please refer to 【How long does it take to review a waiver of inheritance?】.
3. Do all heirs need to waive inheritance together?
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All heirs should apply to the court for inheritance waiver unless there is a special purpose. For example, the decedent’s estate property is greater than the estate debts, one heir is afraid to inherit because of personal debts, or the heirs want a specific heir to inherit the estate or receive a larger share of the estate.
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If the first-priority heirs waive inheritance, the heirs in the next order of inheritance become heirs and may inherit the decedent’s debts. The creditor may then directly request payment from the heirs in the next order.
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Even if there are dozens of heirs from the first to fourth order of inheritance, they only need to pay one court fee of NT$1,000 if they jointly file the same inheritance waiver petition.
4. Can grandchildren petition the court for an inheritance waiver before all first-priority heirs have waived inheritance?
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According to Article 1176, Paragraph 5 of the Civil Code, for first-priority heirs, if all heirs closest in degree of relationship to the decedent waive inheritance, the lineal descendants by blood in the next degree of relationship shall inherit.
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Mr. Wang accumulated a large amount of bank debt due to business failure. He was divorced and had not remarried. He had one son, Party A, and one daughter, Party B, with his ex-wife, and Party A had a child, Party C, who was Mr. Wang’s grandchild.
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Party B had lived in the United States for many years, was unmarried, and had no income or property in Taiwan. Because she did not want to cause trouble for Party A and Party C, she did not join them in filing the inheritance waiver petition. Unexpectedly, after Party A and Party C filed the petition, they soon received a court notice rejecting Party C’s inheritance waiver petition.
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Why was it rejected? Because not all first-priority heirs had waived inheritance. Party B was still a legal first-priority heir after Party A waived inheritance. At that time, Party C, the grandchild, had no inheritance right and therefore had no standing to file an inheritance waiver petition.
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The suggestion in this case is that Party B should go to the nearest Taipei Economic and Cultural Office to apply for a declaration of inheritance waiver and an overseas power of attorney, and authorize family members in Taiwan to apply for seal certificates and household registration transcripts. Finally, Party A, Party B, and Party C should jointly file the inheritance waiver petition with the court and obtain the court document approving the inheritance waiver for reference.
5. Can a creditor revoke an heir’s inheritance waiver?
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If an heir applies to the court for inheritance waiver because of personal debts, the Supreme Court holds that inheritance waiver is an act involving property based on personal legal interests, and is not merely an act of acquiring or giving up property rights.
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Because the heir waives all inheritance rights and obligations, inheritance waiver is essentially different from the fraudulent transfer referred to in Article 244 of the Civil Code. Therefore, the creditor of the heir cannot revoke the heir’s inheritance waiver.
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However, if the creditor later discovers that the heir transferred property to others through other heirs or interested parties, the legal act related to the inheritance waiver may still be revoked.
6. Do the children, grandchildren, or spouse of a sibling need to waive inheritance?
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No.
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The children, grandchildren, and spouse of a third-priority heir, namely a sibling, do not have inheritance rights in this situation and therefore do not need to file an inheritance waiver petition with the court.

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