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Wills in Japan

Posted: Tue Feb 19, 2019 6:13 am
by thurston1
Hi all,

Most of my assets are in Australia. My wife on the other hand has cash and stocks in Japan.

Does anyone have any information about the process of making a will in Japan?

Regards!

Re: Wills in Japan

Posted: Wed Jul 29, 2020 1:15 am
by Jake
thurston1 wrote: Tue Feb 19, 2019 6:13 am Hi all,

Most of my assets are in Australia. My wife on the other hand has cash and stocks in Japan.

Does anyone have any information about the process of making a will in Japan?

Regards!
I'll dig this post up with a similar question. I'm in the same position and haven't made a will here. It has crossed my mind that if I check out without notice, I'm not sure my wife would be able to locate and get her hands on my stash in the UK. Pension and bank accounts to be exact.

In preparation I'm noting details which would help her just in case, but what is the legal position here regarding wills, and would anyone have the ability to help her? Would the embassy be involved? Should I have a will in the UK?

That age has arrived :lol:

Re: Wills in Japan

Posted: Wed Jul 29, 2020 1:44 am
by Beaglehound
I looked into this quite recently. Only from an internet search POV, I have had no professional advice, and there are aspects I am also unsure about.

It seems if you die in Japan, your estate in the UK would be dealt with according to the laws of the country where you have nationality. So a UK will is a good idea for you. Plus a list of where the loot is stashed.

I am less clear about what happens to Japanese assets, but I think these are subject to the Japanese inheritance system with statutory shares for various folk. Basically it seems impossible to leave everything to your missus. If you have kids, they will get a share and if you don’t her parents (!) will get a share and if there are no surviving parents her siblings will get a share (though in this case you can write a ‘Japanese’ will and remove them). My Japanese wife reckons that it’s not that common to make a will in Japan and assuming family relationships are good it all gets sorted out amicably.

Re: Wills in Japan

Posted: Wed Jul 29, 2020 2:30 am
by AreTheyTheLemmings?
This book contains detailed advice on that topic (and much else that members of this forum might find useful).
Image

Re: Wills in Japan

Posted: Wed Jul 29, 2020 2:57 am
by Jake
Thanks for the replies, Japanese assets should be OK but communication between Japan and outside is..... sub par.

A few years ago I had an inheritance in the UK, called the nearest tax office here, "Do I need to declare in Japan?"..... "No, just inform the UK tax agency". That person had no idea.

I will check that book, thanks again

Re: Wills in Japan

Posted: Wed Jul 29, 2020 3:24 am
by KyushuWoozy
I made a post about this a while back which gathered some replies and info. You can probably find it if you do a search. Definitely worth exploring, just found out a friend died last night aged 48.

Re: Wills in Japan

Posted: Wed Jul 29, 2020 3:45 am
by RetireJapan
My understanding is that for a non-Japanese citizen, your entire estate will be handled according to the rules/laws of your 'home' country (wherever that is deemed to be). I made a cheap online UK will a few years ago but will need to update it soon. Planning to do something similar this time too.

Also a list of account numbers etc would be a very good idea if family need to track down your assets. Which reminds me I need to update mine too :?

Re: Wills in Japan

Posted: Wed Jul 29, 2020 4:04 am
by Beaglehound
RetireJapan wrote: Wed Jul 29, 2020 3:45 am My understanding is that for a non-Japanese citizen, your entire estate will be handled according to the rules/laws of your 'home' country (wherever that is deemed to be). I made a cheap online UK will a few years ago but will need to update it soon. Planning to do something similar this time too.

Also a list of account numbers etc would be a very good idea if family need to track down your assets. Which reminds me I need to update mine too :?
That’s interesting, not sure where I saw that Japanese assets were subject to the Japanese system, will have another look later. It raised the faintly ridiculous prospect of my 80 year old father suddenly owning part of a house and land in Japan in the event of my untimely passing. Everything goes to my wife in my UK will, which would be far preferable.

Re: Wills in Japan

Posted: Thu Jul 30, 2020 12:49 am
by Jake
I just read the requirements of my UK bank to close the account if I shuffle off too soon. Not really difficult.... if you are there. Wife would need to get everything translated and certified, that's the complicated part.

Some information about online wills here https://www.co-oplegalservices.co.uk/me ... -and-cons/

"In order for a Will to be legally valid in England and Wales, you must sign your Will in the presence of two witnesses, and your witnesses must witness (sign) your Will in your presence; and this cannot be done online."

Definitely need to look into it. She doesn't even know the name of my bank yet :o

Re: Wills in Japan

Posted: Thu Jul 30, 2020 3:41 am
by RetireJapan
Jake wrote: Thu Jul 30, 2020 12:49 am you must sign your Will in the presence of two witnesses, and your witnesses must witness (sign) your Will in your presence; and this cannot be done online
I got some friends to witness my will for me. It was prepared online, I printed it out and signed it in front of them here in Japan.