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HMSC meeting ‘Japanese law on last will and testament’

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The presentation on Japanese law on last will and testament was held on  May 13 at Sapporo International Plaza. The speaker is Ms. Rie Tohyama, attorney-at-law. There were 25 people in attendance of which 14 were expats who have been living in Hokkaido for quite a while.

5月13日に2017年度1回目の多文化シニアコミュニティ(HMSC)の勉強会が開かれた。遠山弁護士から日本の法律に基づいた遺言、相続といった内容での講演をいただいた。

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Wills: there are two main types:

前半は弁護士からの細かい説明、熱心に聞く参加者たちです。

  1. Holographic: it must be handwritten, contain the year, month and day of composition, and must be signed and, preferably,  stamped with a personal seal. It should then be placed in an envelope and sealed and put in a safe place. No witnesses are required. When the writer of the will dies, whoever finds the will should take it unopened to the Family Court. The judge of the Family Court will summon the heirs, who must appear in person, and read the will out loud to them.
  2. Notarized: it is advisable to write a will by using a notary public. The will writer should go to the notary’s office and instruct the notary on the terms of his desired will. The notary will compose the will on a computer and give it to the will writer for signature and seal. There must be two witnesses to the signing. Clerks from the notary’s office can serve as witnesses for a fee of ¥5000 each. The notarized will will be kept in the notary’s office thereafter.

Inheritance tax: before the estate is taxed, ¥30 million will be deducted from its value plus ¥6 million for each heir named in the will.

後半はたくさんの質問が出たが、細かい内容については、以下のウェブサイトをごらんください。 www.hokkaidomsc.org

It was a very lively session after the break, and the speaker pointed out that being a foreigner in Japan makes the preparation of a will more complicated, and is more necessary, especially if the foreigner owns property in Japan. It was recommended that expats have a will made in both their home country and in Japan, and the contents should be identical.  If there are questions regarding jurisdiction and inheritance between countries or states, these questions can only be resolved through the “Conflict of Law and Remission Clauses” which countries have established between each other.  It was advised that each foreigner research the Inheritance laws pertaining to their home country/state in order to write a will that will be written in such a way to avoid problems after one’s death.

日本で暮らす外国籍の人にとっては「遺言書」を作ることは重要で、母国と日本の両側で作成が望ましく、具体的な内容とする。国により法律が異なるため、法律抵触条項に従って解決されるべき課題もある。

大変有意義なお話しと議論でした。

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Written by asianneighbors

May 29, 2017 at 1:24 am

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