When a Japanese Parent Dies and the Filipino Heir Is in the Philippines
This article explains inheritance procedures when the decedent was Japanese and the heir is a Filipino national residing in the Philippines. The relationship can be traced from the Japanese family register. Notarial certification is used instead of a seal certificate, and certificates issued by the PSA supplement gaps in the family register.
When a Japanese Parent Dies and the Filipino Heir Is in the Philippines
The decedent was Japanese and lived in Japan. You, the heir, are a Filipino national living in the Philippines—this includes spouses who married internationally, children who did not acquire Japanese nationality, and people who renounced Japanese nationality.
Nationality does not affect the right to inherit. The issue is how to prove it.
Key Points of This Article
- If the decedent was Japanese, Japanese law is the governing law. Even if the heir is a Filipino national, the scope of the heirs and their shares are determined under Japan’s Civil Code.
- The heir’s relationship can be traced from the Japanese family register. Marriage, birth, and loss of nationality are recorded in the decedent’s family register.
- What the family register cannot show is the heir’s current name, survival, and address in the Philippines.
- These points are supplemented by birth certificates, marriage certificates, and other documents issued by the Philippine Statistics Authority (PSA).
- Because the Philippines has no seal-registration system, certification by a Notary Public is used instead of a seal certificate. In the Philippines, lawyers serve as notaries public.
1. Japanese 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 Japanese national, Japanese law applies. Article 16 of the Philippine Civil Code also provides that succession is governed by the national law of the decedent, so renvoi does not arise.
The heir’s Filipino nationality and residence in the Philippines do not affect the scope of the heirs or their shares. Japan’s Civil Code does not make the heir’s nationality a requirement.
2. The Heirs Can Be Determined from the Family Register
Even if the heir is a foreign national, if the decedent was Japanese, the relationship can be traced from the Japanese family register.
| Event | Entry in the family register |
|---|---|
| Marriage to a foreign national | Recorded in the Japanese spouse’s personal-status section together with the spouse’s name, nationality, and date of birth |
| Birth of a child | Recorded in the parent’s personal-status section. If the child has Japanese nationality, the child becomes a member of the family register |
| Renunciation or loss of Japanese nationality | The reason and date of loss of nationality are recorded, and the person is removed from the register |
The existence of a Filipino spouse or a child who renounced Japanese nationality can be determined by reviewing the decedent’s family register.
What the Family Register Cannot Show
The Japanese family register does not track the subsequent personal-status relationships of foreign nationals. It cannot confirm whether the person is still alive, whether the name has changed, or where the current address is.
3. Supplementing the Record with PSA Certificates
In the Philippines, the Philippine Statistics Authority (PSA) issues certificates proving personal-status relationships.
| Certificate | Content |
|---|---|
| Birth Certificate | Registration of birth, names of parents |
| Marriage Certificate | Registration of marriage |
| Death Certificate | Registration of death |
Gaps in the Japanese family register are supplemented with certificates issued by the PSA. A Japanese translation is attached before submission to the relevant recipient in Japan.
A Filipino name may not match the spelling in the Japanese family register. When multiple spellings coexist, such as because of the treatment of a middle name or a surname change through marriage, materials showing that the person is the same individual are required.
4. Where to Obtain Signature Certification
Signature certification is the substitute for a seal-registration certificate. Whether the heir is Japanese or a foreign national, the use of a signature and its certification instead of a registered seal and seal certificate does not change.
The difference is the issuing authority.
| Heir’s nationality | Issuing authority |
|---|---|
| Japanese nationality | Embassy of Japan in the Philippines |
| Other than Japanese nationality | A Notary Public in the Philippines |
The signature certification issued by the Embassy of Japan in the Philippines is a system for Japanese nationals. A Filipino heir signs before a Notary Public and obtains certification. In the Philippines, lawyers serve as notaries public.
Completion of the Agreement on Division of the Estate Is Not a Prerequisite
Notarial certification may take the form of signing a Japanese agreement on division of the estate and having the signature certified, or having the signature itself certified. The latter can be obtained even if the agreement has not been completed.
Apostille
Japanese legal affairs bureaus and financial institutions generally accept a Notary Public’s certificate with a Japanese translation attached, and situations in which an apostille is required are limited. If one becomes necessary, it can be issued by the Philippine Department of Foreign Affairs (DFA).
5. Proof of Address
The certificate of residence available to Japanese nationals cannot be used by Filipino nationals. Where proof of the heir’s address is required, such as for inheritance registration of real estate, it can be substituted with an address-related certificate prepared by a Notary Public or similar document.
6. People Who Renounced Japanese Nationality
For someone who was formerly Japanese, the record of loss of nationality remains in the removed family-register record. Because the parent-child relationship with the decedent can be traced through the Japanese family register, proving the relationship is relatively easy.
The issue is whether the current name matches the family-register entry. If the spelling of the name has changed, materials showing that the person is the same individual are required.
7. How the Inheritance Is Received
Withdrawals of Japanese deposits are, in principle, transferred to an account in Japan. If an heir living in the Philippines does not have a Japanese account, whether an overseas transfer can be arranged differs by financial institution.
8. Inheritance Tax
Property located in Japan is subject to Japanese inheritance tax regardless of the heir’s nationality or address. Residence in the Philippines does not exclude it from the tax base.
Whether property located overseas is also subject to Japanese taxation depends on the addresses, nationalities, and past residence histories of the decedent and each heir. When the heir is a foreign national residing overseas, this is an issue that requires determination.
9. Estimated Timeline
The overall estimate is 5–7 months.
| Process | Estimate |
|---|---|
| Collecting family registers and investigating assets in Japan | 1–2 months |
| Identifying gaps in the family register and obtaining PSA certificates | Approximately 1 month |
| Notarial certification in the Philippines | Several weeks |
| Preparing the Japanese translation and international mailing | Several weeks |
| Submission to each financial institution and withdrawal | 2 weeks–1 month per institution |
Services of Our Office
Gyoseishoshi Arch Office has been based in Osaka and engaged in procedures including status-of-residence applications for more than 15 years. We routinely handle documents concerning international marriage and nationality and can provide support in Japanese, Chinese, and English.
- Separating what can be covered by the family register from what must be supplemented by PSA certificates
- Designing materials proving identity when name spellings do not match
- Collecting family registers in Japan and preparing a diagram explaining the inheritance relationships
- Preparing an agreement on division of the estate
- Supporting cancellation and withdrawal procedures with financial institutions
- Coordinating with a judicial scrivener when inheritance registration is required and with a tax accountant when an inheritance tax return is required
Frequently Asked Questions
Q. Can a Filipino national inherit an estate in Japan? A. Yes. Japan’s Civil Code does not make the heir’s nationality a requirement.
Q. Can I obtain signature certification at the Embassy of Japan in the Philippines? A. The embassy’s signature certification is a system for Japanese nationals. Filipino nationals use notarial certification. The use of signature certification itself is the same; the receiving office is different.
Q. The name spelling differs between the family register and the PSA certificate. A. Prepare materials showing that the person is the same individual. The necessary materials differ depending on how the spelling difference arose.
Q. The heirs are divided between Japan and the Philippines. A. The procedures can proceed even if the heirs live in different places. Each person participates in the same agreement using different documents.
Q. Is inheritance tax also imposed in the Philippines? A. The Philippines has an Estate Tax, based on the concept that property located in the Philippines is subject to it. Property located in Japan may be subject to Japanese inheritance tax, and a tax accountant must confirm the determination.
Inquiries
For a consultation, please prepare the decedent’s date of death; your nationality and relationship to the decedent; the circumstances of acquiring or renouncing nationality; whether your current name matches the family-register entry; and the types of property in Japan. We can respond in Japanese or Chinese.
Related Articles
- Inheritance procedures when a Japanese parent dies and remains a Japanese national living in the Philippines
- When a Filipino parent residing in Japan dies and the heir is in the Philippines
- Procedures when the heir is not a Japanese national
Please contact us before Japanese inheritance procedures stall
We confirm the heirs, assets, deadlines, and required documents, then organize the order of the Japanese-side procedures. Consultation is available in English and Chinese.
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