When handling inheritance procedures involving foreigners in Japan, one of the most significant challenges lies in identifying the rightful heirs as mentioned in the article of THE GOLD ONLINE 2025/5/23. This difficulty stems from a complex web of legal, practical, and cultural factors. Below, we will explore this issue in detail from various angles, including legal systems, procedural complications, conflicts of international law, and language or cultural barriers.
1. Basic Framework of Inheritance Involving Foreigners in Japan
Inheritance refers to the legal process by which a deceased person’s property, rights, and obligations are transferred to their heirs. In Japan, inheritance is governed by the Civil Code. However, when a foreign national is involved, Japanese domestic law alone is not sufficient—private international law (conflict of laws) also plays a key role.
According to Article 36 of Japan’s “Act on the General Rules of Application of Laws” (Hō no Tekiyō ni Kansuru Tsūsoku-hō), inheritance is governed by the national law of the deceased at the time of death. In other words, even if a foreigner lived in Japan, the inheritance is generally handled under the laws of their home country.
This legal framework is a key reason why identifying heirs becomes so complex.
2. Factors Contributing to the Difficulty in Identifying Heirs
(1) Difficulties Applying Foreign Law
Since the applicable law is usually the deceased’s national law, the process of determining who qualifies as an heir is based on that country’s inheritance laws. In many cases, neither the parties involved nor Japanese legal professionals are sufficiently familiar with the foreign legal system, making the process difficult.
For instance, in countries governed by Islamic law, inheritance distribution is highly complex and includes specific shares for a wide range of relatives, often with distinctions between male and female heirs. In common law countries such as the United States or the UK, the presence or absence of a will can greatly affect the inheritance.
Researching, interpreting, and applying foreign laws is a highly specialized task, and often poses practical obstacles to Japanese legal professionals.
(2) Lack of Information about Heirs
In cases where the deceased foreigner had been living alone in Japan for many years, there may be little to no available information about their family members in their home country. It’s not uncommon for Japanese authorities or lawyers to be unaware of whether the deceased had a spouse, children, or siblings abroad.
Even when it’s known that heirs exist in the home country, locating and contacting them can be extremely difficult. Additionally, some countries may lack reliable systems for recording familial relationships, such as civil registries or official family records, making documentation difficult to obtain.
(3) Differences in Civil Registry Systems
Japan has a well-organized family registry system (koseki), which plays a crucial role in identifying heirs. However, many other countries do not have a comparable system. Instead, a combination of birth certificates, marriage certificates, and affidavits may be required to prove familial relationships.
These documents are often issued in foreign languages and must be translated into Japanese with official certification or notarization, which adds further complexity and cost. There is also the issue of verifying the authenticity of such documents, especially from countries with less stringent documentation standards.
(4) Global Dispersion of Heirs
It’s common for heirs of a deceased foreigner to be scattered across multiple countries. For example, children may live in the U.S., siblings in the UK, and cousins in China. In such cases, obtaining signed documents (like inheritance agreements) from all heirs can be a prolonged and burdensome process.
This international dispersion delays the inheritance process and may hinder asset management and disposal, especially when court intervention or urgent asset preservation is required.
(5) Language and Cultural Barriers
Inheritance procedures involve legal documents, contracts, and negotiations. Communicating with heirs who do not speak Japanese—or even English fluently—can be very difficult. Even if they speak English, legal terminology is often confusing, and interpretation or translation is essential.
Cultural and religious beliefs can also significantly influence inheritance perspectives. For example, in some cultures, the eldest son is expected to inherit everything, or women may be excluded from inheritance under traditional norms. These beliefs may conflict with Japanese legal expectations, leading to misunderstandings or disputes.
3. Practical Measures and Solutions
To overcome these challenges, various practical strategies are employed:
(1) Involving Legal Experts
Lawyers and judicial scriveners familiar with international inheritance law are essential for accurately identifying heirs and managing the process. In some cases, cooperation with foreign attorneys or legal scholars is necessary to interpret the relevant national laws.
(2) Cooperation with Public Institutions
Assistance from the deceased’s embassy or consulate in Japan can be helpful in locating heirs and obtaining certified documents. Some countries can issue family relationship certificates or notarized affidavits for use in Japanese procedures.
(3) Use of the Family Court
If no heirs can be found or if only some heirs are identified, Japan’s family court can appoint a property administrator (sōzoku zaisan kanrinin) to temporarily manage the estate. This process may also include procedures such as declaring heirs missing or recognizing renunciation of inheritance.
4. Conclusion
As outlined above, the difficulty in identifying heirs in inheritance cases involving foreigners in Japan arises from a complex interplay of factors: foreign legal systems, lack of documentation, differences in registry practices, geographic dispersion of heirs, and language/cultural barriers.
To address these issues effectively, early information gathering and the involvement of qualified professionals are essential. It is also advisable for foreign residents in Japan to prepare wills and share inheritance-related information with their families while they are still alive, to avoid complications later.
In today’s increasingly globalized world, “cross-border inheritance” is no longer rare. Understanding its complexity and preparing accordingly has become more important than ever—both for individuals and for the institutions supporting them.