Family Act Article 135
This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.
Where there is one of the following circumstances with respect to the manager for the inheritance designated by the family council, the court may, upon motion by the interested parties or by a prosecutor, and after consulting with members of the family council, the interested parties or the prosecutor, discharge the said manager for the inheritance from his or her duties and order the family council to re-designate a manager for the inheritance:1. breaching an obligation arising from his or her duties;2. breaching the obligation of due diligence as a good manager, so as to damage or reduce the value of the inheritance or induce risk of damaging or reducing the value thereof;3. other serious circumstances.
中文原文 家事事件法第135條
親屬會議選定之遺產管理人有下列情形之一者,法院得依利害關係人或檢察官之聲請,徵詢親屬會議會員、利害關係人或檢察官之意見後解任之,命親屬會議於一個月內另為選定:
一、違背職務上之義務者。
二、違背善良管理人之注意義務,致危害遺產或有危害之虞者。
三、有其他重大事由者。
一、違背職務上之義務者。
二、違背善良管理人之注意義務,致危害遺產或有危害之虞者。
三、有其他重大事由者。