Reiko Nishino sought legal counsel from Ohki regarding the inheritance assets of her late husband, Mineo, amid a complicated family dispute over legitimacy and a 2014 Supreme Court precedent.
The Bottom Line
- Reiko Nishino is attempting to clarify inheritance rights following the death of her husband, Mineo, focusing on their son Eijiro and excluding Midori, who is not Mineo’s child.
- Ohki reviewed a July 17, 2014 Supreme Court ruling stating that a presumed legitimate child’s status cannot be challenged without a lawsuit filed within one year of birth.
- Reiko and Ohki also discussed the mechanics of using provisions in the articles of incorporation for Hiroshima Kosan to potentially buy back inherited shares.
Legal Precedents and Challenges to Legitimacy
During their consultation at the law office, Reiko Nishino expressed uncertainty about managing her late husband’s assets. She noted that Midori is not Mineo’s child, while Eijiro is. Ohki examined past rulings, specifically pointing to a Supreme Court precedent from July 17, 2014. That ruling established that the rights of a child presumed legitimate under civil law cannot be challenged simply on the grounds of a missing biological connection, unless a formal lawsuit to deny legitimacy is filed within the first year of the child’s life.
Despite the nature of the 2014 precedent, Ohki suggested that Reiko’s situation might fall outside standard parameters because Mineo reportedly lacked the medical ability to impregnate a woman. Reiko, however, displayed little interest in Supreme Court rulings or dissenting opinions, maintaining her own perspective on the matter.
Controlling Hiroshima Kosan Shares
The discussion shifted to the ownership structure of Hiroshima Kosan, where Midori holds a 32.5% stake—comprising a 10% share inherited from her mother and 22.5% from Mineo under the presumption of legitimate parentage. Reiko and Ohki evaluated a provision in the company’s articles of incorporation allowing the firm to forcibly purchase inherited shares.
Ohki cautioned that executing this buyback requires action by the board of directors rather than a unilateral decision by Reiko as managing director. Reiko dismissed concerns about board opposition, explaining that her fellow board members are high school friends of 50 years. While Ohki acknowledged her confidence, he highlighted the procedural hurdles and estimated that potential litigation could extend over three years.
The Terms of Mineo’s Will
As the consultation concluded, Ohki inquired about the provisions of Mineo’s will.
Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute financial advice.
