Method of Wills
I am a foreign national living in Japan.I own land and a building in Japan which I would like to leave for my wife when I die.
What procedures do I take?
In most countries, you can leave behind a will which Applicable defines the legal matters such as the handling of property Law after you have died.
Its effect and method will differ among concerning countries, and the Horei law stipulates that the applicable law can be Method for a as follows:
1. The law governing the place where the will was written
2.The law of the nationality of the deceased or at either the time of creating the will or at the time of death
3.The law governing the address or residence of the deceased at either the time of creating the will or at the time of death
4.The law governing the location of the real estate in question.
In other words, you can create a will based on the law of your nationality, as well as based on the Japanese law.
In Japan,there are numerous ways of putting together a will. The Will in Japan most important are the written will and the notarized will.
Written Will The written will is where you hand write the entire document yourself, with the date and your name and seal.In the case of foreign nationals,the courts have shown special considerations;for example, a will written by a British national using a typewriter was accepted.
However,if any one condition is not fulfilled,the will will be looked upon as invalid, and a special method is required for rewriting and making corrections.
An advantage for this type of will that it can be written in complete privacy.
This type of will is created by a notary.
The notary writes down what the testator dictates orally.
After having reread this in front of the testator and two witnesses,the testator and the witnesses sign and place their seals.
The contents are firm, and with these wills is is easier to transfer ownership of property after death.
In principle,if the above procedures are not followed, a will is invalid.
Therefore, a mere will by word of mouth does not have any effect.
Referring back to the given question,it is possible for you to create a will stating that your wife will inherit your property.
However, you should be aware that,regardless of your will,there are countries with legal systems which entitle a portion of the inheritance for other eligible persons.