Inheritance of a Filipino Decedent in Japan When the Heirs Also Live in Japan

A Filipino national who lived in Japan for a long time dies, and the spouse and children also live in Japan. The family has deposits and a home in Japan—the first thing to confirm in this family’s inheritance is not the documents.

It is who will be an heir. Under Philippine law, the scope of heirs differs from that under Japan’s Civil Code.

Key Points of This Article

• If the decedent was a Filipino national, Philippine law is the governing law. Because Article 16 of the Philippine Civil Code provides that succession is governed by the national law of the decedent, no renvoi to Japanese law arises.
• Under Philippine law, children born outside marriage are also heirs. If the heirs are narrowed on the assumption that Japan’s Civil Code applies, omissions will result.
• On the other hand, under the Philippine Civil Code, siblings are not included among compulsory heirs.
• If the decedent was Muslim, Muslim personal law, rather than the Philippine Civil Code, applies.
• If an heir is registered as a resident in Japan, the heir can obtain both a seal certificate and a resident record.

1. Philippine Law Is the Governing Law

Article 36 of Japan’s Act on General Rules for Application of Laws provides that succession is governed by the national law of the decedent. If the decedent was a Filipino national, Philippine law must be examined.

Article 16 of the Philippine Civil Code provides that for succession, the national law of the decedent applies regardless of whether the property is movable or immovable. No renvoi to Japanese law arises.

The length of time the decedent lived in Japan does not change this conclusion.

2. The Scope of Heirs Differs from Japan’s Civil Code

Article 887 of the Philippine Civil Code lists the following heirs who cannot be deprived of their inheritance even by a will (compulsory heirs):

• Legitimate children and their descendants
• In the absence of legitimate children, legitimate parents and ascendants
• The surviving spouse
• Acknowledged children born outside marriage and children born outside marriage by legal fiction
• Other illegitimate children

This does not establish an order of priority. The children and spouse are both heirs. The parents and ascendants become heirs only if there are no children.

The existence of a child born outside marriage is a practical issue. An agreement that omits even one heir is invalid.

Laws may be amended, so the text in force at that time must be confirmed for actual application.

3. A Different Law Applies to Muslims

The Philippines is a country in which the laws applicable to personal status differ according to the religion professed. The Philippine Civil Code generally applies, but if the decedent was Muslim, Muslim personal law applies and the rules governing succession differ significantly.

4. Significance of the Heirs Living in Japan

A person who holds a residence card and is registered as a resident with a municipality in Japan can register a seal.

For the heirs, the procedure can proceed in the same form as an inheritance involving Japanese nationals:

• Stamp the estate division agreement with the registered seal and attach a seal certificate
• Use a resident record as proof of address

Notarization is not required.

5. Confirming the Decedent’s Heirs

The decedent has no Japanese family register. The Philippines also has no system equivalent to a family register, so the inheritance relationship is proved by combining individual certificates issued by the Philippine Statistics Authority (PSA).

• Birth Certificate
• Marriage Certificate
• Death Certificate
• Certificate of No Marriage Record (CENOMAR)

Confirming whether there is a child born outside marriage requires tracing birth certificates individually. No single document can show all the heirs.

There are also records on the Japanese side.

• Removed resident record: Foreign nationals are also recorded in the Basic Resident Register, which states household composition, status of residence, and nationality
• Alien registration card record: A record from the alien registration system operated through July 2012, now kept by the Immigration Services Agency
• Certificate of matters stated in the death notification submitted in Japan

The Legal Inheritance Information List Cannot Be Used

The Legal Affairs Bureau’s legal inheritance information certification system is a mechanism for proving inheritance relationships through Japanese family registers. It cannot be used when the decedent is a foreign national without a Japanese family register. If there are five financial institutions, the complete set of documentary evidence must be submitted to all five.

6. When Some Heirs Are in the Philippines

There are cases in which the spouse and children are in Japan, but another child of the decedent is in the Philippines.

For proof of address when an heir in the Philippines inherits Japanese real property and becomes the registered owner, Ministry of Justice Civil Affairs Bureau Notice No. 1596 dated December 15, Reiwa 5 (applicable to applications filed on or after April 1, Reiwa 6) sets out the handling. Attach either a document proving the address prepared by the government of the home or country of residence, or an affidavit authenticated by a notary together with a copy of the passport.

The procedure cannot be completed until everyone’s documents are ready.

7. Japanese Inheritance Tax

Property located in Japan is subject to Japanese inheritance tax regardless of the nationalities of the decedent and heirs. The basic exemption is 30 million yen＋6 million yen×the number of statutory heirs.

When Philippine law applies, how to count the “number of statutory heirs” may be an issue. The number may also change because children born outside marriage are included among the heirs. A tax accountant’s judgment is required for filing.

8. Estimated Timeline

When all heirs are in Japan, the overall guideline is 5–8 months.

Services Provided by Our Office

Gyoseishoshi Arch Office has been involved for more than 15 years, based in Osaka, in procedures including applications for statuses of residence for foreign nationals living in Japan.

• Preparing materials showing the content of Philippine law
• Investigating Japanese-side records such as removed resident records and alien registration card records
• Arranging for PSA certificates and preparing Japanese translations
• Confirming the scope of heirs and preparing an inheritance relationship chart
• Preparing the estate division agreement
• Preparing the complete documentary evidence required by each financial institution and supporting cancellation and withdrawal procedures
• Coordinating with a judicial scrivener when inheritance registration is required, and with a tax accountant when an inheritance tax filing is required

Frequently Asked Questions

Q. Why does Philippine law apply even though the entire family lives in Japan? A. Because Article 16 of the Philippine Civil Code provides that succession is governed by the national law of the decedent, no renvoi to Japanese law arises.

Q. We do not know whether there is a child born outside marriage. A. The PSA birth certificates must be checked individually. An agreement that omits an heir is invalid.

Q. Can a person register a seal if they have a residence card? A. A person can register a seal if they are registered as a resident with a municipality in Japan.

Q. Can siblings not inherit? A. Under the Philippine Civil Code, they are not included among compulsory heirs. If there is a will, the treatment must be confirmed separately.

Q. Can inheritance registration be completed for real property in Japan? A. Yes. When the decedent is a foreign national, the Legal Affairs Bureau determines the required documents, so the procedure proceeds after confirmation with the competent Legal Affairs Bureau.

Inquiries

For a consultation, please prepare the decedent’s nationality, date of death, date of arrival in Japan and residence status, religion, the number, relationships, and places of residence of the heirs, and the types of property in Japan. We can respond in Japanese or Chinese.

Related Articles

• When a Filipino parent living in Japan dies and the heirs are in the Philippines
• Confirming heirs when the decedent is a foreign national without a Japanese family register
• Whether the Legal Inheritance Information List can be used for people living overseas
• Procedures for inheriting a Japanese bank account