Inheritance

This section will address inheritance when one parent is a non-Japanese, one parent is a Japanese, and the child is a Japanese citizen, perhaps a dual citizen, in various situations.  I hope to include info on the following:

• Wills in Japan
• Child is in the "possession" of a Japanese parent in Japan, and the other parent is not in contact.
• Child is in the "possession" of a Japanese parent in Japan, and the other parent has contact.
• Others TBD.

General Information

See the following 1995 Japan Supreme Court decision that rejected an appeal against a child born out of wedlock receiving less than his/her full share of an inheritance.  It has a very detailed description of Japan's inheritance law.

Source of the following: http://www.pref.osaka.jp/kokusai/OIS_web/english/marriage/08.html

1. jure gestionis (the law of the place of an act)
2. The law of the country whose nationality the testator (person who made the will) had at the time of making the will or death
3. The law of the country in which the testator had address at the time of making the will or death
4. The law of the country in which the testator had domicile at the time of making the will or death
5. So far as a will regarding immovable property is concerned, the law of the country in which such immovable property is located

You can draw up a will by the Japanese law, which is the law of the place of an act. Under the Japanese law, there are three forms of drawing up a will: "Holograph Will", "Notary Deed Will" and "Secret Certificate Will".

1. Presence of 2 or more witnesses
2. Dictation by the testator
3. Recitation by the notary public of the dictated will
4. Signing and sealing by the testator and witnesses
5. Certification, signing and sealing by the notary public

Two copies of the notary deed will will be made, and one will be delivered to the testator while the other will be kept in custody at the notary's office.

Source of following: http://www.asahi-net.or.jp/~zi3h-kwrz/lawy.html  (This site is for a lawyer who you may want to contact for help with inheritance problems...)

Question
I am a naturalized U.S. citizen from Japan.  My father passed away last year and left property in Tokyo, Japan.  10 month ago I found out that my father left a will and in the will he gave all his property to my mother and my brother who are still residing in Tokyo.  Do I have any rights of inheritance despite my father's will ?

Answer
According to Article 900 of Civil Code, legal heirs have the right to inheritance. The proportion of inheritance depends on who the other heirs are.

If the deceased left no will, any property in Japan of the deceased is distributed automatically to the surviving children or spouse in the above mentioned proportions.  If the deceased left a will, any property of the deceased in Japan is distributed according to the will.

But according to Article 1,028 of Civil Code, spouse, parents and children have the absolute portion of the inheritance. We call it "Iryubun" in Japanese. Brothers and sisters don't have such portion. The absolute portion of the inheritance is one second of portion of inheritance in the case that heirs are spouse and children. The absolute portion of the inheritance is one third of portion of inheritance in the case that heirs are parents.  So you have the absolute portion of the inheritance. It's one forth of all the inheritance.

You should claim "Iryubun" within 1 year since you see that you get no property ( or property less than your "Iryubun" ). If you don't claim within a year, you will lose your right.  So you have the right of "Iryubun". It's necessary for you to claim your "Iryubun" within 1 year.

[WM: This appears to say that despite the will, a spouse, parents and children get inheritance in the proportions described in the above table. The proportions depend on who the heirs are. But this then this seems to ignore the will, and contradict the first paragraph.  Well, in any case, it gives a place to start further research.]

Question
I am a naturalized U.S. citizen from Japan.   My mother recently passed away and left property in Tokyo, Japan to me and my sisters who are still residing in Tokyo.  Since we are not in best of terms, I am experiencing extreme difficulty in getting information from them concerning division of property. It appears to me that they are trying exclude me from the inheritance. 

2 years ago I had signed some papers relinquishing my right to inheritance, although my sisters never mentioned to me how much my mother's estate was worth, therefore I have no idea of what I relinquished.  My sisters had enough time to explain this to me but never did when they well knew the value of the estate. My questions to you is as follows:

1. Did my signing of relinquishing my rights to inheritance under my two sisters pressure exclude me from getting my share of the inheritance?
2. Would I have to return to Japan before case is completed?

Answer

1. One is that your mother left her will in that she gave her property to your sisters and you got the permission of relinquishing the rights to inheritance in family court.   In this case you have no right to inheritance.  If I explain accurately, in this case you don't relinquish the right to inheritance. You relinquish "Iryubun" in Japanese.
    
2. Other case is that you got no permission of family court or your mother left no such will. In this case you still have the rights to inheritance. Because relinquishing the rights to inheritance before the death of your mother is invalid. According to precedents the relinquishing the rights to inheritance done only after the death of your mother is valid .
   
   If your mother left no will property of the deceased is distributed automatically to the surviving children or spouse in Japan. So you have the right to inheritance.

If judge ask you to make a statement, you must return to Japan. Perhaps you need not return to Japan if you appoint attorney.

Question
My mother is a citizen of Japan, has a green card and resides with me in the US. My mother's sister (Japan citizen living in Japan) passed away and her step daughter (daughter of her husband's previous marriage) and my mother are the only immediate family left to receive her inheritance.
Another family member insists that all inheritance will go to my mother because she is the only "blood" relative left. My mother is on "not so friendly" terms with the step daughter so she has no one else to speak with in Japan to find out if she is on the Will (if there is one) or have any rights to her sister's inheritance.

Question 1: Does my mother have any rights to the inheritance with or without a will? If so, what percentage?

Question 2: If we can't find out the situation, what official office can we contact here in the States and/or Japan to find out the status of her sister's inheritance?

Answer
Answer 1: If her step daughter was registered as a adopted daughter, her step daughter receives all the inheritance assets. If her step daughter was not registered as a adopted daughter, your mother receives all the inheritance assets.

Answer 2: Your mother can confirm the situation by checking the family registration; "Kosekitohon" in Japanese. Your mother can get the copy of the family registration at ward office or city office.

Above 2 answers based on the situation that she left no will.

Resources

• http://www.pref.osaka.jp/kokusai/OIS_web/english/marriage/08.html

• website of a Japanese lawyer, Hiroshi Kawarazaki, with information in English and Japanese