Foreign residents can make a will in Japan by following a legally recognized form. Japan’s system for storing handwritten wills also provides a procedure for wills written in a foreign language, including the submission of a Japanese translation.
The more difficult question is not whether a foreign resident can make a will in Japan. It is whether that will alone can safely deal with the person’s entire estate.
Japan recognizes several forms of wills. A holographic will is generally prepared in the testator’s own handwriting. A notarial will is prepared by a Japanese notary based on the testator’s instructions. Each form has legal requirements. Simply writing down how you want your property to be divided does not necessarily create a valid will.
A foreign resident who chooses to make a will under a Japanese form must satisfy the relevant Japanese requirements. Nationality can still bring another country’s laws into the picture, especially when determining which law governs the inheritance and whether the provisions of the will are legally effective.
Under Japan’s rules on international private law, inheritance is generally governed by the law of the country whose nationality the deceased person held. That law may also affect whether a will was validly created and what legal effect it has.
The formal requirements of a will are treated separately. A will may be recognized if its form complies with one of several applicable laws, including Japanese law. This means that living in Japan for many years and writing a will in Japanese does not automatically make Japanese law govern every part of the inheritance.
The situation becomes more complicated when the person owns property in more than one country. Someone may have a bank account and real estate in Japan while also owning a house or savings in another country.
Listing the assets by country can make the situation easier to understand. It shows which property may require additional legal or administrative checks. This does not mean that everyone should automatically prepare a separate will for each country. Multiple wills must be carefully coordinated so that one does not accidentally revoke or contradict another.
It is also necessary to consider whether a will made in Japan will be accepted in the other country and what procedures will be required there.
It is understandable for a foreign resident to think, “I live in Japan, so I only need to consider Japanese law.” But the country where someone lives, the nationality they hold, and the countries where their property is located are separate issues.
A practical approach is to prepare a will that can be used properly in Japan and then confirm that it will not create problems under the law of the country whose nationality the person holds.
Foreign residents can therefore make wills in Japan, but writing a Japanese will for property in Japan does not always settle everything. A person making a holographic will can consider using the Legal Affairs Bureau’s will-storage system. Someone who wants a notarial will can consult a notary office. When foreign law or overseas property is involved, it is also wise to consult a lawyer experienced in international inheritance.