Continued from “Considerations for Foreign Nationals When Creating a Will in Japan – 2” .
1. United States Citizens – Key Points When Making a Will in Japan
Legal Characteristics:
- U.S. inheritance laws differ by state, and there is no single nationwide rule.
- Most states do not have a strict forced heirship system, unlike Japan.
- U.S. citizens often hold assets in both countries, requiring multi-jurisdictional planning.
Important Considerations:
- Clearly specify the applicable law (Japanese or U.S. state law) in the will.
- Use a Japanese notarial will for assets located in Japan.
- Consider making a separate will in the U.S. for assets there, ensuring that the two wills do not conflict.
- Translate the will into English or Japanese as appropriate.
- Be aware of estate tax issues in both Japan and the U.S.
Recommendation:
Consult legal experts in both countries to ensure full compliance and avoid double taxation or legal disputes.
2. Chinese Citizens – Key Points When Making a Will in Japan
Legal Characteristics:
- China has a civil law system with inheritance rules similar in structure to Japan.
- A forced heirship system exists: certain heirs (e.g., spouse, children) have guaranteed rights.
- Chinese law permits various forms of wills, including oral or video wills under certain circumstances (not valid in Japan).
Important Considerations:
- Ensure the will is made in accordance with Japanese formal requirements, especially if Japanese law is chosen.
- If a will is made in Chinese, provide a certified Japanese translation when used in Japan.
- If the Chinese citizen owns property in both countries, consider creating separate wills for each jurisdiction.
- Be cautious of inconsistencies between Chinese and Japanese inheritance law, especially regarding forced shares.
Recommendation:
Use a notarial will in Japan, respect both countries’ forced heirship rules, and consult a bilingual legal professional if possible.
3. Filipino Citizens – Key Points When Making a Will in Japan
Legal Characteristics:
- The Philippines has a civil law system with strong forced heirship protections.
- Certain heirs (legitimate children, spouse, etc.) are entitled to fixed portions of the estate, regardless of will content.
- Wills must be in writing and witnessed, with specific formalities.
Important Considerations:
- If choosing Japanese law, be aware that it may conflict with Philippine mandatory heirship rules.
- Creating a will in Japan is valid, but it should be written in Japanese (with English or Filipino translation as needed).
- Filipino courts may not recognize a Japanese will if it violates Philippine heirship laws, especially for properties or heirs located in the Philippines.
- Estate planning should account for dual inheritance regimes.
Recommendation:
To avoid legal challenges, create a separate will for Philippine assets and consult lawyers in both countries to harmonize the distribution plan.