・ I want to make a will, but I don’t know how to write it.
・ A foreign national spouse died in Japan.
・ The inheritor is a foreign national.
・ The inheritor resides in a foreign country.
・ The inherited property is in a foreign country.
・ I cannot contact the inheritor overseas.
・ I inherited a trust fund which will be distributed after I become an adult.
・ Distribution of estate assets is not agreed between inheritors.
・ I would like to ask for cooperation with an administrator who does not speak Japanese.
The number of international marriages and migrants has increased in recent years, and the problem of inheritance that is related to foreign countries is increasing every year. The concept of inheritance differs depending on the country, but the nationality of the deceased and the nature of estate assets determine which country’s laws apply.
For example; as for inheritance in Japan, even if the deceased of a foreign national lived in Japan, the law of the country they are originally from will apply. If their law states “follow the law of your place of residence,” then the applicable law will be changed to Japanese law.
It will be more complicated if the property is located outside of the country. Not only will the applicable law differ depending on the nature of estate assets, such as real estate, but also there are countries where years-long procedures are required. It is also difficult to properly evaluate the estate assets.
In the case of wills made in foreign countries, it may be valid depending on the situation even if it is not approved in Japan. Even in the case of making it in Japan, it is necessary to consider in which country the gift tax or inheritance tax will be imposed.
In addition, caution and knowledge are required from various legal points of view such as making unique arrangements for procedures for foreign inheritors since Japan has a family registration system that is unique in the world.
At Tokyo Public Law Office, we have attorneys who have a proven track record in international estate planning. We will cooperate with other experts as necessary and support you with a wide range of diversified perspectives.
Our office has clients of more than 90 nationalities. Our attorneys can speak directly in English, French and Spanish. We also have a system in place to provide interpreters for other languages promptly.
Face-to-face consultation (initial) fee is 5,500 yen (tax included) for 30 minutes. * One consultation is limited to 60 minutes. We also accept telephone, Skype and Zoom consultations from home and abroad. PayPal and Credit card is also available except for bankruptcy and debt consolidation cases.
Those who meet certain income and asset criteria may be able to use the support system (lending, etc.) provided by the Japan Judicial Support Center (Ho terrace) or the Japan Federation of Bar Associations, which may reduce the burden of consultation fees and attorney fees. Please feel free to contact us.
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