Things to be aware of when your Japanese spouse dies
AKIRA YAMAMOTO.AKIRAEven if you are a foreigner married to a Japanese person, if your Japanese spouse dies, you will need to go through inheritance procedures.
Under Japanese law, the spouse of the deceased is always an heir, but if the inheritance ratio is determined in an estate division agreement or other document, that takes precedence.
I have also heard stories of people who, after their Japanese spouse passed away, signed an inheritance division agreement prepared by the spouse's relatives without fully understanding the situation, and were therefore unable to receive the inheritance that they were entitled to.
In addition, if a Japanese spouse dies with debts, the heirs will also inherit those debts.
If the inherited assets are negative (the liabilities exceed the assets), you can avoid inheriting the liabilities by renouncing the inheritance, but this must be done within three months of the date you learned that the inheritance had begun.
Furthermore, starting from April 1st of this year, if a deceased Japanese spouse owned real estate, the heirs are required to register their inheritance.
Failure to do so without a valid reason will be subject to a fine of up to 100,000 yen.
These people cannot escape responsibility just because they are foreigners who do not understand Japanese law well.
Therefore, if your Japanese spouse passes away, we recommend that you consult with an Certified Administrative Procedures Legal Specialist who is knowledgeable about inheritance.
Some Certified Administrative Procedures Legal Specialists, like our office, offer free initial consultations, so it may be a good idea to consult with one of those.
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