Judicial Scrivener Nakajima International Legal Office, located in Takatsuki City, Osaka, provides consultations and assistance with the renunciation of inheritance in Japan for foreign nationals residing both in Japan and overseas.
What is Renunciation of Inheritance?
Civil Code Article 939
A person who has renounced a succession is deemed never to have been an heir as regards that succession.
As a general rule, upon the death of the decedent (the individual whose estate is being inherited), the heirs succeed to all rights and obligations attached to the property of the decedent, except for those that were purely personal to the decedent (Civil Code Article 896).
However, if a decedent’s liabilities (debts, loans, etc.) exceed their assets (real estate, cash, savings, etc.), succeeding to all rights and obligations would be financially detrimental to the heir.
By renouncing the inheritance, you are deemed never to have been an heir from the beginning and will not succeed to any of the decedent’s rights or obligations. This is highly beneficial in cases where the estate’s liabilities outweigh its assets.
Heirs eligible to renounce an inheritance include the decedent’s spouse, children (or grandchildren as heirs by representation), parents, and siblings (or nephews and nieces as heirs by representation).
Period and Method of Renunciation
Civil Code Article 915 (1)
An heir must either accept the succession unconditionally or with qualifications, or renounce it, within three months of the time the heir learns that succession has opened to that heir; provided, however, that this period may be extended by the family court at the request of an interested party or the public prosecutor.
A renunciation of inheritance must be filed within three months of the time the heir learns that the succession has opened to them.
The key point is that the starting point for this three-month period (known as the “period for consideration”) is not necessarily the date of death, but rather the time the heir becomes aware that the succession has opened to them.
For example, if a parent who is living with you passes away, the date of death is usually the time you learn the succession has opened. However, if a distant relative passes away without your knowledge, or if you were unaware of the existence of the estate, renunciation may still be permitted even if more than three months have passed since the date of death.
Furthermore, if investigating the estate requires more time, an application can be filed with the Family Court to extend this three-month period.
To renounce an inheritance, a statement must be filed with the Family Court (Civil Code Article 938). Jurisdiction lies with the Family Court governing the decedent’s last place of residence.
Filing this statement requires several documents, including a completed renunciation of inheritance form, certified copies of the decedent’s deleted resident record (juminhyo-johyo) and family register (koseki), and the heir’s family register.
For foreign nationals residing outside of Japan, preparing these documents can be a challenge. Additionally, many people do not possess the personal seal (inkan) typically required for formal filings in Japan.
Our office provides comprehensive support in English for foreign nationals seeking to renounce an inheritance – from explaining the legal procedures and collecting necessary documents to preparing a renunciation of inheritance form, filing it with the Family Court, and shipping the final documents overseas once the renunciation has been accepted.
We can also conduct investigations on your behalf within Japan if the heirs or the specific details of the estate are unknown.
If you are facing any difficulties navigating inheritance renunciation procedures, please feel free to consult with our office.
Inheritance Renunciation Fees
| Actual Expenses | Costs for collecting necessary documents, Family Court filing fees, postage, etc. (typically several thousand to 10,000 yen). * In some cases, you may also need to prepare documents in your country of residence, such as a signature certificate. |
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| Judicial Scrivener Fees | Fees will vary depending on the number of heirs and their country of residence. For more information, please contact us. |
* We will provide you with a detailed cost estimate before commencing work.