Pitfalls of Remarriage in Later Life × Inheritance Troubles: The Reality of Increasing "Inheritance Disputes" and Will Verification Among In-laws

1. Introduction: The Social Issue of "Inheritance Dispute"

"Inheritance dispute" refers to conflicts related to inheritance. In particular, in step-parent relationships created by remarriage in later life, emotional conflicts can easily arise due to the lack of blood relations. Such disputes are not merely financial issues; they can destroy trust within families and escalate into legal troubles.

2. Data on the Increase in Remarriages in Later Life and Probate Cases

In Japan, remarriages in later life are on the rise. The number of remarriages among men aged 70-74 increased from about 800 in 2000 to about 1,300 in 2020, with a similar increase for women.


Along with this, the number of probate applications for handwritten wills increased by nearly 30% from 14,996 cases in 2012 to 19,576 cases in 2021. This indicates the progression of aging and the complexity of family structures.

3. Case Study: Will Dispute Involving a Stepfather

In one case, despite a remarried stepfather leaving a handwritten will, the children from a previous marriage were dissatisfied with its contents and filed for probate with the family court. Due to the ambiguity of the will's content, the inheritance division negotiations became protracted, eventually leading to mediation through a lawyer.

4. Basics of the Japanese Inheritance System

In Japan, legal heirs primarily include the spouse and children. A remarried partner and their stepchildren do not have legal inheritance rights unless specified in the will by the deceased. Additionally, handwritten wills require probate by the family court, and any formal defects can render them invalid.

5. Unique Risks of Remarriage in Later Life

In remarriages in later life, multiple issues such as caregiving, housing, pensions, and life insurance can arise simultaneously. Particularly, there are cases where the spouse who provided care is challenged by the children from a previous marriage claiming the entire inheritance.

6. Comparison with Overseas Probate Procedures

In the United States and Europe, the probate system is more developed than in Japan, with examples of smooth inheritance processes using trust systems. Jointly owned assets and trusts provide mechanisms to prevent "inheritance disputes" in advance.

7. Five Measures to Prevent Inheritance Disputes

1. Creation of Notarized Wills: No probate required, strong legal effect

2. Utilization of the Handwritten Will Storage System: Enhanced safety by storing at the Legal Affairs Bureau

3. Appointment of an Executor: Avoid emotional conflicts and promote smooth execution

4. Combination of Life Insurance and Trusts: Ensure assets are delivered to the designated recipient

5. Regular Family Meetings: Prevent troubles by sharing intentions in advance
   
   
   
   

8. Expert Advice: Insights from Lawyers and Tax Accountants

"The most common issue in inheritance is 'emotional conflict.' If the deceased does not clearly express their intentions, someone will inevitably be dissatisfied. It's important not only to focus on the form of the will but also to provide a detailed explanation of its content and share it with the family in advance." (Lawyer)

"With changes in tax laws, asset management, including inheritance tax measures, is required. Don't forget to coordinate with a tax accountant." (Tax Accountant)

9. Conclusion: For a "Harmonious Second Life"

While remarriage in later life is a fresh start in life, it also comes with the serious risk of inheritance issues. Inheritance disputes between step-parents and children can leave deep scars on those left behind. Therefore, understanding the legal system correctly and creating a transparent plan with the help of experts is key to preventing "inheritance disputes" and preserving family bonds.

Reference Article List

• Asahi Shimbun Digital "Disputes over inheritance erupt in remarriages among the elderly; increase in will-related verification issues" (2025-06-21)asahi.com

• Court "Will Verification" Procedure Guide (Sitemap)courts.go.jp

• Judicial Statistics Annual Report (Reiwa 5 Edition) Family Case Statistics "Number of Will Verification Applications"lawyers-kokoro.com

• Super Aging Future Observatory "Decrease in remarriage numbers among younger generations, slight increase among older generations" (2025-05-30)ageingfuture.com

• Ministry of Health, Labour and Welfare "Overview of Monthly Population Statistics (Preliminary Figures)" Reiwa 6 Edition (2025-05-30)mhlw.go.jp

• Very Best Law Office Column "Handwritten Will Requires Verification!" (2023-11-13)tennoji.vbest.jp