遺産分割協議書に押す印鑑は実印である必要があるか?

著者:永井敦史税理士事務所・永井敦史法律事務所

遺産分割協議書に押す印鑑は実印である必要があるか?

相続人同士で遺産の分け方を話し合ってまとまった場合、それを書面の形に残すのが通常です。

その書面を「遺産分割協議書」と呼んでいます。

遺産分割協議書に押す印鑑は実印でなければならないのか?というのが今回のテーマです。

 

実印とは?

印鑑については、実印、銀行印、認め印など色んな言葉が使われます。

これらは全て法律用語ではありませんが、次のように理解されています。

① 実印

  市町村で印鑑登録がされている印鑑のことを実印と呼んでいます。

  実印というと、複雑で少し高価な印鑑をイメージしてしまいます。

  しかし、印鑑登録がされていれば、値段は関係ありません。

② 銀行印

  金融機関に届けている印鑑のことを銀行印と呼んだりします。

③ 認め印

  実印以外の印鑑を認め印と呼ぶことが多いと思います。

  「認め印で結構です。」という文章は、実印で押印する必要はないというメッセージです。

 

民法には実印でなければならないとは書かれていない

産分割については民法という法律に色々定めてあります。

しかし、遺産分割協議書に実印を押さなければならないとは書かれていません。

そのため、裁判所では、相続人本人の印鑑が押されていれば実印でなくても有効と扱われます。

じゃあ、遺産分割協議書に実印を押す必要はないのでは?となりそうです。

実は、裁判所以外では実印が押された遺産分割協議書+印鑑登録証明書を求められることが多いのです。

 

銀行に提出する場合

亡くなった人の預金を自分の名義に変えようとする場合、銀行で手続きをしなければなりません。

そのときに遺産分割協議書があれば、それも銀行に提出します。

そのときには、実印が押された遺産分割協議書+印鑑登録証明書 を求められるのが通常です。

 

法務局に提出する場合

亡くなった人が土地や建物を持っていた場合には、登記を亡くなった人から自分の名義に変える必要があります。

その手続きは法務局で行います。

この場合も、実印が押された遺産分割協議書+印鑑登録証明書 を提出しなければなりません。

 

税務署に提出する場合

相続税が課税される場合には、相続税の申告をしなければなりません。

このときも、実印が押された遺産分割協議書+印鑑登録証明書 を提出しなければなりません。

 

まとめ

このように見ていくと、遺産分割協議書に実印を押すことを求めるところが多いことが分かります。

それゆえ、遺産分割協議書には実印を押すべきということになります。

著者について

永井敦史税理士事務所・永井敦史法律事務所 administrator

永井敦史税理士事務所・永井敦史法律事務所は、名古屋市緑区・南区、大府市、豊明市の皆様の法律の問題・税金の問題を扱っています。

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