Continued from “Considerations for Foreign Nationals When Creating a Will in Japan – 1” .
References
- Act on General Rules for Application of Laws (Act No. 78 of 2006)– Especially Articles 36 (Law Governing Succession) and 37 (Choice of Applicable Law).
- Japanese Civil Code (Act No. 89 of 1896)– Articles 960 to 1020 (covering wills, inheritance, and reserved portions).
- Ministry of Justice, Japan – Inheritance and Will Information– https://www.moj.go.jp
- Japan National Notaries Association – On the Will System– https://www.koshonin.gr.jp
- “Theory and Practice of International Succession” – Edited by Megumi Toriyama (Shin-Nihon Hōki Publishing)– A practical guide on international inheritance cases and applicable law.
- “Introduction to Private International Law” – By Shinji Kondo (Yuhikaku Publishing)– Explains the theoretical foundations of choice-of-law principles for foreign nationals.
Case Examples
Case 1: U.S. National (Mr. A) Owning Real Estate in Japan
Mr. A, a U.S. citizen, had been living in Japan for over 20 years and owned both real estate and financial assets in Japan, as well as stocks in the United States. Recognizing the legal complexities, he explicitly chose Japanese law as the applicable law for his estate.
Actions Taken:
- Created a notarial will in Japanese.
- Clearly specified the Japanese assets and their intended heirs.
- Created a separate will in the U.S. to cover his American assets, ensuring there were no legal contradictions.
Outcome:
The succession process in Japan proceeded smoothly, and U.S. authorities recognized the U.S.-based will, avoiding legal disputes in both countries.
Case 2: Chinese National (Mr. B) Created an Invalid Will in Japan
Mr. B, a Chinese citizen living in Japan, wrote a holographic will but forgot to include the date—a mandatory requirement under Japanese law. After his death, his family found the document, but the court ruled it invalid due to formal defects.
Problem:
- The will did not meet Japanese requirements (entirely handwritten, dated, signed, and sealed).
Outcome:
Disagreements among heirs led to a lengthy dispute in family court. Had Mr. B used a notarial will, the situation could have been avoided.
Case 3: U.K. National (Mr. C) Avoids Conflict Through Choice of Law
Mr. C, a British national residing in Japan, wanted to leave all his assets to his spouse, bypassing his children. Since U.K. law does not enforce forced heirship, he chose to apply U.K. law in his will rather than Japanese law.
Actions Taken:
- Stated U.K. law as the applicable law in his will.
- Created a bilingual (English-Japanese) notarial will.
- Consulted legal professionals in both countries to avoid inconsistencies.
Outcome:
Japanese authorities respected the choice of U.K. law, and the estate was distributed according to his wishes without conflict.