Recently, a large number of foreign nationals own properties in Japan. Especially In Hokkaido, the NISEKO Ski Resort Area has become a famous spot for real estate investment. If you are a foreign national who owns properties located in Japan and has not yet created a Last Will and Testament for those properties, it may be necessary to consider the inheritance planning in order to ensure a smooth and secure transfer of ownership.
We understand that you have a good understanding of the inheritance law in your own country. However, have you considered which country’s inheritance law will apply to your properties located in Japan and how it will be applied? Additionally, what about the inheritance tax laws? To address these inheritance cases, it is necessary to take into account Private International Law, also known as Conflict of Laws.
The application of inheritance law depends on the nationality of foreign nationals and the type of property. In one case, as for the financial asset and the tangible personal property that is movable, the inheritance law of foreign national’s country can be applied, but as for the real estate such as land or house, the inheritance law of Japan can be applied. In another case, the inheritance law of Japan can apply to all of properties. Thus, the inheritance of foreign nationals is not easy to treat. As mentioned earlier, it depends on the the nationality of foreign nationals and the type of property.
Our office provides the following services to foreign nationals with regard to inheritance planning in Japan.
■ Create a Last Will and Testament (only regarding the properties located in Japan ) at the Notary Public Office in Japan to ensure a smooth and secure transfer of ownership.
※ Intestate Succession may result in the typical application of the laws of Japan, regardless of a will in your mind.
■ Execute the Last Will and Testament of the decedent on behalf of heirs.
■ Withdraw money from bank accounts of the decedent on behalf of heirs by following legal procedures.
■ Transfer the ownership of real estate of the decedent to heirs in collaboration with a Legal Specialist of Real Estate Registration.
■ Settle the inheritance tax payment in collaboration with an Inheritance Tax Accountant.
When creating a Last Will and Testament in Japan, there are three methods as follows.
1. Last Will and Testament with legal verification by a Notary Public (shall be written in Japanese language)
2. Holograph Last Will and Testament
3. Last Will and Testament in a Secretly Sealed Envelope
For the first type of Last Will and Testament, its legal validity can be verified by a Notary Public. It must be written in Japanese, but you can create it with the assistance of an interpreter. As for the other two types, their legal validity will not be verified by a Notary Public. Moreover, even if you choose one of those two types, it will eventually need to be translated into Japanese for the purpose of inheritance. The heirs will be required to submit the translated version of the Last Will and Testament to financial institutions and the Legal Affairs Bureau in Japan when transferring your properties.
Our office provides interpreter and translation services for you. The availability of language is as follows.
| Language | Availability |
| English | available |
| Chinese | to be confirmed |
| Korean | to be confirmed |
If you would like to obtain further information about the inheritance planning in Japan, please feel free to contact Our Office. We will address your request with sincerity, and if necessary, form a team that includes other specialists such as an Inheritance Tax Accountant and a Legal Specialist of Real Estate Registration.