In the case there is a family of four persons in Japan.A father and mother and two children.All of them are Korean nationals.They have lived in Japan for many years.One day, unfortunately this father died. He owns real estate in Japan and Korea.In order to specify his heirs, you have to know about governing law.And Act on General Rules for Application of Laws ( hereinafter referred to ” Act ” ) stipulates this process.According to Article 36 of Act, Inheritance shall be governed by the national law of the decedent ( = deceased father ).So, in this case Korean law governs this inheritance.( This way of management shall be applied to cases deceased is Italian, German, Dutchman, Brazilian, Japan, Taiwanese )And according to Korean law, his wife and children become his heirs.“Regarding Inheritance tax and nationality ➡”“Regarding Inheritance and American ➡”
Death of a Chinese who owns a real estate in Japan
In the case a deceased is Chinese person, the result is different from Korean case.According to Act on General Rules for Application of Laws of China ( hereinafter referred to ” Act of China ” ), as far as a real estate is concerned, the country where the real estate is located should govern the inheritance.And as to movables ( including cash, stocks ) , if a deceased has lived in Japan, law of Japan shall govern this inheritance and if a deceased has lived in Korea, law of korea shall govern this inheritance.So, inheritance regarding real estate that is located in Japan is governed by law of Japan.And inheritance regarding real estate that is located in China is governed by law of China.And this way of management shall be applied to a Singaporean, English, American, French, Belgian、North Korean deceased.And in the case, deceased is Swiss、Danish people, the county wherein a deceased was living should govern inheritance of all properties, including a real estate and movables.And in the case law of China is applied, heirs of this father is his parents as well as his wife and children.As for taxation relating to inheritance, management is different from ownership transfer of property.Regarding tax, tax agency in Japan classifies persons by length of residence in Japan.If you need any assists relating to Japan, you can ask me without hesitation.