Question #154
Inhertance of a piece land in Tokyo
I live in Belgium. My cousin died last year and was owner of a piece of land. I am one of the heirs of the inheritance. My cousin didn't leave any will. All the heirs are aunts, uncles and cousins. According to the Belgian law we can all inherit from our cousin. But in Japan, the generation below the nieces and nephews do not hold any inhertance. My question is : Can any of us inherit the land? Does it become the property of the Japanese state? Thank you for your answer. Best regards
Category: Inheritance
2020-11-13 23:51
Answer #1
2020-11-18 11:44
According to Articles 20 and 21 of EU Succession Regulation (No 650/2012), in the case where the decedent had left no will, its last resident nation's jurisdiction will take place. According to article 41 of the Japanese Act on General Rules for Application of Laws, if the decedent was residing in Japan at the time of death, the Japanese inheritance law should be available. On the other hand, if Belgium is the decedent's last residence, the Belgian inheritance...
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Ryosuke Kimura
Attorney-at-law & Tax Accountant