Inheritance for a Singaporean Resident in Japan When the Heirs Also Live in Japan | The Only Difficulty Is on the Decedent's Side
This article explains inheritance procedures when a Singaporean national who lived in Japan dies and the heirs also live in Japan. The heirs can use seal registration certificates, while identifying the decedent's heirs takes time because Singapore has no family-register system. It also organizes how to handle cases where some heirs are in Singapore.
Inheritance for a Singaporean Resident in Japan When the Heirs Also Live in Japan
A Singaporean national who lived in Japan for a long time dies, and the spouse and children also live in Japan. The family has bank deposits and a home in Japan—in an inheritance for this family, almost no exchange of documents with overseas parties occurs.
There is only one difficulty: the decedent has no Japanese family register, and Singapore has no system equivalent to a family register.
Key Points of This Article
- For a person who resided in Singapore, Singapore law is treated as the law of the person's national country.
- Singapore law distinguishes as follows: movables are governed by the law of the decedent's domicile at death, while immovables are governed by the law of the place where they are located. If the decedent's center of life was in Japan, either route tends toward Japanese law.
- If an heir is registered as a resident in Japan, the heir can obtain both a seal registration certificate and a residence certificate. Signatures are handled in the same way as for a Japanese person's inheritance.
- Because Singapore has no system equivalent to a family register, the heirs are identified by combining multiple documents.
- The Certificate of Registered Information on Legal Heirs cannot be used.
1. Governing Law
Article 36 of the Act on General Rules for Application of Laws of Japan provides that succession is governed by the national law of the decedent. For a person who resided in Singapore, Singapore law is treated as the national law.
Singapore law divides the estate into movables and immovables: movables are governed by the law of the decedent's domicile at death, and immovables by the law of their location.
If the decedent's center of life was in Japan,
- Japanese law applies to immovables in Japan as the law of their location
- Japanese law applies to deposits and other movables as the law of the domicile
Thus, both routes tend toward Japanese law. The scope of the heirs and their shares are determined under the Japanese Civil Code.
Domicile is not determined solely by the period of residence. It is determined after confirming the type of status of residence, the actual circumstances of life, and the strength of the person's ties to Singapore.
Singapore also has a system under which a separate legal system applies to Muslims. If the decedent was Muslim, this is an issue that must be confirmed.
2. What It Means for the Heirs to Live 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,
- affix a registered seal to the inheritance division agreement and attach a seal registration certificate
- use a residence certificate to prove the address
The procedure can proceed in the same form as a Japanese person's inheritance. Notarization is not required.
3. Identifying the Decedent's Heirs
The decedent has no Japanese family register, and Singapore has no system equivalent to a family register. The inheritance relationship is proven by combining the following materials.
Materials Obtainable in Japan
- Residence certificate removal record: foreign nationals are also recorded in the Basic Resident Register, which states household composition, status of residence, and nationality
- Alien Registration 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 filed in Japan
The longer the residence history in Japan, the more complete the Japanese records are.
Materials Obtainable in Singapore
- Birth and death registration records issued by the Immigration and Checkpoints Authority (ICA)
- Marriage certificate issued by the Registry of Marriages (ROM)
- Identity-confirmation materials such as the NRIC
- Statutory Declaration prepared before a notary
In Singapore, it is not possible to show in one document that “these three people are all of this person's heirs.” What is written in the Statutory Declaration determines whether the procedure succeeds. The required content differs depending on the recipient.
Submit it to the Japanese recipient with a Japanese translation attached. An apostille only needs to be obtained if the recipient requests one. If one is needed, it can be issued by the Singapore Academy of Law.
The Certificate of Registered Information on Legal Heirs Cannot Be Used
The Legal Heir Information Certificate system of the Legal Affairs Bureau is a system that proves the inheritance relationship through Japanese family registers. It cannot be used when the decedent is a foreign national with no Japanese family register. If there are 5 financial institutions, the complete set of supporting materials is submitted to all 5.
4. When Some Heirs Are in Singapore
There are cases in which the spouse and children are in Japan, but another child of the decedent is in Singapore.
| Heir's place of residence | Proof of signature | Proof of address |
|---|---|---|
| Japan (resident registration completed) | Seal registration certificate | Residence certificate |
| Singapore (not a Japanese national) | Notarial certification | As described below |
| Singapore (Japanese national) | Signature certificate from the Embassy of Japan in Singapore | Certificate of residence from the same embassy |
Regarding proof of address when an heir in Singapore inherits Japanese real estate and becomes the registered owner, Ministry of Justice Civil Affairs Notice No. 1596 of December 15, 2023 (applicable to applications filed on or after April 1, 2024) sets out the procedure. Attach either a document proving the address prepared by the government of the home country or country of residence, or a notarized Statutory Declaration and a copy of the passport.
The procedure cannot be completed until everyone's documents are ready.
5. Japanese Inheritance Tax
Property located in Japan is subject to Japanese inheritance tax regardless of the nationalities of the decedent and heirs. The basic deduction is 30 million yen + 6 million yen × the number of statutory heirs.
Singapore's estate tax was abolished in 2008. A tax accountant must confirm the scope of taxation, including the treatment of overseas assets.
6. Expected Timeframe
When all heirs are in Japan, the overall guideline is 5–8 months.
| Process | Guideline |
|---|---|
| Determination of domicile and confirmation of governing law | About 1 month |
| Obtaining Japanese materials such as the residence certificate removal record and Alien Registration Record | 1–2 months |
| Obtaining Singapore registration records | About 1 month |
| Finalizing the Statutory Declaration draft and obtaining notarial certification | 1–2 months |
| Preparing and sealing the inheritance division agreement | Several weeks |
| Submitting the complete set of supporting materials to each financial institution and receiving the refund | About 1 month per institution |
Services of Our Office
Gyoseishoshi Arch Office has been based in Osaka for more than 15 years and has handled procedures including applications for statuses of residence for foreign nationals living in Japan. Services are available in Japanese, Chinese, and English.
- Organizing residence-status information needed to determine domicile
- Investigating Japanese materials such as the residence certificate removal record and Alien Registration Record
- Drafting the Statutory Declaration to meet the recipient's requirements
- Preparing the inheritance division agreement
- Preparing the complete set of supporting materials for each financial institution and supporting cancellation and refund procedures
- 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. My entire family lives in Japan. Can we proceed in the same way as Japanese people. A. The heirs' documents are the same as those for Japanese people. The difference is that, because the decedent has no Japanese family register, documents from Singapore are needed to identify the heirs.
Q. Can I register a seal if I have a residence card. A. A seal can be registered if you are registered as a resident with a municipality in Japan.
Q. What should be written in the Statutory Declaration. A. The main items are the scope of the heirs and their relationship to the decedent, but the required content differs depending on the recipient.
Q. What if the decedent had been naturalized as Japanese. A. If the decedent was a Japanese national at death, Japanese law is the national law and a Japanese family register exists. Materials from Singapore may be needed to show family relationships before naturalization.
Q. Can inheritance registration be completed for real estate in Japan. A. Yes. When the decedent is a foreign national, the Legal Affairs Bureau determines the required documents, so confirm with the competent Legal Affairs Bureau before proceeding.
Contact Us
For a consultation, please prepare the decedent's nationality, date of death, date of arrival in Japan and residence status, 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 Singaporean resident in Japan's parent dies and the heir is in Singapore
- Identifying heirs when the decedent is a foreign national with no Japanese family register
- Whether the Certificate of Registered Information on Legal Heirs can be used for people living overseas
- Procedures for inheriting a Japanese bank account
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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