If a person with Japanese nationality dies without a last will and testament, what do you think his/her property happens to?
In this case, his/her property will be succeeded by inheritance. The rules of transfer by inheritance are stipulated in provisions of Civil Code of Japan.
In practice, other than the way that the statutory heirs inherit properties in accordance with Civil Code, based on the agreement among the said all of heirs in terms of how to distribute the properties, they can divide those estates by themselves.
Regarding above case, to give an example, if there is a person with Japanese nationality living abroad among the heirs, certain kinds of certificate which are issued in each embassy or consulate are needed, and if there is a person with non-Japanese nationality among the heirs, an affidavit which is made at the on-site notary public office is needed.
As we have experience in making some kinds of drafts related to the affidavit, we will support you.
In cases where they cannot reach an ultimate goal as mentioned above despite cumulative dialogue, we suggest they file a petition for mediation with a family court as alternatives.
On the other hand, if a person with non-Japanese nationality, owning properties like real estate and banking account in Japan, dies without an effective will, according to Act on General Rules for Application of Laws of Japan, applicable law depends upon legislations of those countries. Therefore, we need to refer not only to Japanese laws but also to rules in other countries.
On April 1st 2024, registration of real estate related to transferring the title by inheritance became mandatory. It is possible that a person who fails to transfer the title by inheritance within three years after the death of the registered person of ownership is burdened with penalties.
