According to this legal web page at https://www.angloinfo.com/
Japanese law follows the inheritance laws of the foreigner’s country, even for the guy living in Japan with property in Japan: “…if the deceased was a foreign national, **Japanese laws are not applicable but the laws of their home country are**. … The legal procedures of succession have to be done according to the laws concerned in the home country of the deceased, no matter how many years the deceased lived in Japan or **even if the deceased had permanent residency (eiju-sya) before dying. …The basic rules described above are still applicable even if the beneficiaries of a foreigner who died in Japan are Japanese nationals.”**
I have been unable to verify the above and so would be grateful for further information.
10 comments
following.
You might have better luck on r/japanfinance.
If you are a permanent tax resident of Japan, and the recipient of an inheritance from anywhere in the world, you most definitely have to follow Japanese tax law regarding inheritance.
what? Is it new or something?
Just remember – absolutely ANYBODY can make a website, no matter how hilariously uninformed they are.
If it’s true that’s good….I won’t get taxed on the $5 I will inherit ! 😂😂
>**. … The legal procedures of succession have to be done according to the laws concerned in the home country of the deceased, no matter how many years the deceased lived in Japan or **even if the deceased had permanent residency (eiju-sya) before dying. …The basic rules described above are still applicable even if the beneficiaries of a foreigner who died in Japan are Japanese nationals.”**
This sounds more like it’s referring to rules behind the distribution of the estate. I.e a deceased foreigner’s (who is a tax resident of Japan) home country rules apply for who statutory heirs are etc
It’s why foreigners kinda need to make a will in their country of citizenship.
When you die, your home country’s laws regarding inheritance apply to you. However many countries limit their inheritance laws to applying to residents (and/or to property/assets held in country). In such circumstances, everything not covered by your country’s laws would revert to Japanese jurisdiction.
It is best to check what your home country does and then, as necessary, create appropriate wills in Japan and/or your home country.
This post’s title is extremely misleading and could get people into trouble. All foreugn residents are subject to japanese inheritance law. It states that some don’t have to pay and others do, all according to what is written down in the law. Best way to figure it out is visit your local tax building and ask.
This is all outlined in the 法の適用に関する通則法 (Act on General Rules for Application of Laws) which you can read at the following link.
[https://www.japaneselawtranslation.go.jp/ja/laws/view/3783](https://www.japaneselawtranslation.go.jp/ja/laws/view/3783)
As others have commented, this may ultimately kick the issue back to Japanese law if the home country law says that Japanese law should apply (see Article 41 of the Act). For example, in the US, the inheritance of real estate is governed by state law in the location of the real estate, and the inheritance of other property is governed by state law at the domicile of the decedent.
If you can’t figure out how this applies to your situation you may want to talk to a lawyer.
I would be very careful about taking advice from [angloinfo.com](https://angloinfo.com). They are a general information website for expats living in many different countries. They are neither Japan specialist nor legal experts.
However, this website ([https://kobelp.com/en/what-happens-to-inheritance](https://kobelp.com/en/what-happens-to-inheritance)) from ***a law firm in Kobe*** says:
>”…in common law countries such as the United Kingdom and the United States, the inheritance of real property ***will be governed by the laws of the country where the real estate is located*** and ***assets other than real property will be governed by the laws of the deceased’s domicile***. This means that if the deceased person is a citizen of a common law country (or territory), the inheritance of the real property located in Japan will be governed by the laws of Japan and the other assets that are not real property will be governed by the laws of the country (or territory) of the deceased’s domicile.
>
>Further, when a person from an EU country dies, ***the laws of the deceased’s “habitual residence” will apply*** in accordance with the EU Succession Regulations . There is still the issue of determining where the deceased’s habitual residence is located. However, for a foreign national who has resided in Japan for a long time, his or her habitual residence is likely to be Japan. In other words, if a person from an EU country who has lived in Japan for a long time dies, the Japanese inheritance law will apply.”
Furthermore, this is also what the website that you cited ([https://www.angloinfo.com/how-to/japan/money/wills-inheritance/inheritance-law](https://www.angloinfo.com/how-to/japan/money/wills-inheritance/inheritance-law)) says as well. If you read down past the first paragraph it says:
>”Some countries stipulate that the laws governing inheritance are those of the country where the deceased had resided before dying, [or] those of the country where their properties are located … If the laws of the deceased’s home country stipulate that the governing laws are eventually those of Japan, the legal procedures of inheritance will be those of Japan.”
I don’t know your country of citizenship, but let’s look at a hypothetical situation of you filing a will in let’s say California.
After you die, your heirs will have to take your California will to the family court in Japan and have it certified (which is a complicated process). If all parties, your ex-wife, your new wife, and your children, all agree to the distribution of your assets listed in the will, then as long as the taxes are paid, the Japanese government/court doesn’t really care who gets what.
However, what happens if someone feels they have a claim to your assets that is not provided for in the will and contests it? The family court in Japan would tell your heirs to file their objection with the court in California. The court in California however will say you were not a resident of California (no domicile) and the property in question, both the real estate and other assets, are not held in California, and the heirs are not residents of California, therefore the court has no jurisdiction. Your heirs will then have to go back to the family court in Japan who will distribute the assets according to Japanese law.
To be honest, your situation is rather complicated and you need to be seeking the advice of lawyers in both Japan and your country of citizenship.