Wills - Which Countries Defer to Japan?

[TokyoBoglehead]

If an expat dies in Japan, Japan usually defers to that expats home countries inheritance laws. However some countries like the UK, defer back to Japan.

What other countries do this? It's a difficult thing to research. ( I'm personally interested in Canada).

[Wales4rugbyWC23]

Are you sure about that with the UK? I have a British will, but I do not have a Japanese will.

[RetireJapan]

Are you sure about that with the UK? I have a British will, but I do not have a Japanese will.

I read that somewhere once. Best I could find just now was this: https://www.co-oplegalservices.co.uk/me ... residents/

"Probate for People Not Domiciled in the UK
If the deceased person is deemed to be domiciled outside of the UK, then the Probate process will normally have to be dealt with in their country of domicile. But if he/she still owned assets in the UK, then Probate might also be needed in the UK in order to release these assets."

[RetireJapan]

Also this: "It is vitally important therefore that any Will meets the requirements in the country in which you live and is legally valid."

https://bbc-law.co.uk/making-a-will/wills-for-expats/

[RetireJapan]

If an expat dies in Japan, Japan usually defers to that expats home countries inheritance laws. However some countries like the UK, defer back to Japan.

What other countries do this? It's a difficult thing to research. ( I'm personally interested in Canada).

This seems to imply Canada does the same: https://www.taylorestateslaw.com/post/c ... -residents

"Whether you have movable or immovable assets situate in Ontario, it is highly recommended to have an Ontario will even if you already have one in your country of domicile. It is possible to have a single will in your country of domicile that applies to all global assets, but there are important advantages to having an Ontario will or “contingent” wills; i.e., complementary wills in both countries.

Ontario law makes a distinction between movable and immovable assets. Pursuant to Ontario law, if you have immovable assets situate in Ontario, the laws of Ontario will apply in regards to your will’s validity. However, if you have movable assets, the laws of your country of domicile will apply."

[Wales4rugbyWC23]

Are you sure about that with the UK? I have a British will, but I do not have a Japanese will.

I read that somewhere once. Best I could find just now was this: https://www.co-oplegalservices.co.uk/me ... residents/

"Probate for People Not Domiciled in the UK
If the deceased person is deemed to be domiciled outside of the UK, then the Probate process will normally have to be dealt with in their country of domicile. But if he/she still owned assets in the UK, then Probate might also be needed in the UK in order to release these assets."

Well I have assets in the UK, I guess it is time to write my Japanese will then.

[RetireJapan]

Well I have assets in the UK, I guess it is time to write my Japanese will then.

I hear it is important that both wills match exactly to avoid problems down the line. I don't have anything in the UK other than a couple of hundred quid in NatWest, so I don't have an up to date UK will.

My situation in Japan has changed and is no longer standard, so I need to get on with making a will here. Hopefully should get a couple of blog posts out of the process if nothing else

[sytyue]

Well I have assets in the UK, I guess it is time to write my Japanese will then.

I hear it is important that both wills match exactly to avoid problems down the line. I don't have anything in the UK other than a couple of hundred quid in NatWest, so I don't have an up to date UK will.

My situation in Japan has changed and is no longer standard, so I need to get on with making a will here. Hopefully should get a couple of blog posts out of the process if nothing else

I would like to read your blog posts about writing a will in Japan! I have no assets back home in Canada, so I was just going to write a will in Japan. Would like to read any insights about your experience and the process you went thru with a lawyer?

Hoping to get mine done in a next year or so.

[RetireJapan]

I would like to read your blog posts about writing a will in Japan! I have no assets back home in Canada, so I was just going to write a will in Japan. Would like to read any insights about your experience and the process you went thru with a lawyer?

Hoping to get mine done in a next year or so.

Actually, I just realised that should my wife and I die at the same time, all my assets would likely go to the Japanese government, so I need to make a will ASAP

Knowing me, ASAP could take some time though...

[ClearAsMud]

Actually, I just realised that should my wife and I die at the same time, all my assets would likely go to the Japanese government...

Why would this be? As long as statutory heirs can be identified -- which not only includes parents and children but also, depending on who survives, grandparents, grandchildren, siblings, and nephews and nieces -- those heirs would receive the assets before the Japanese government would (minus any taxes, of course!). Also, if a beneficiary named in a will dies at the same time as the testator, that section of the will loses validity and the applicable assets are distributed according to the Civil Code (i.e., they go to the statutory heirs).

Probably a good idea not to put off ASAP too long, though, because the more complications that exist, the longer inheritance will take.