[Behind the Scenes of True Story 17] What makes having a Philippine national as an heir difficult? Explaining the reality of international inheritance

In the recently published "17th Inheritance Story," we introduced a case where we tracked down an unknown heir living in the Philippines and successfully realized the division of an estate across national borders.
This time, we will explain the "practice of international inheritance" behind that story.

"My husband (or wife) is a foreign national, so what will happen to the inheritance procedures after I pass away?"
"I am set to inherit the estate of a parent living in Japan, but is it true that procedures become complicated if there are foreign family members involved?"

In this modern age of increasing international marriages, it is by no means rare for heirs to include foreign nationals. In fact, under Japanese law,if the deceased was a Japanese national, the Civil Code of Japan applies uniformly regardless of the nationality of the heirs.
In other words, inheritance rights are not restricted by nationality, and statutory inheritance shares are recognized exactly the same as for Japanese heirs. However, the problem lies not in the "rights themselves," but in "collecting documents to prove the procedures."

In a case I actually handled, I struggled with communication with an heir living in the Philippines. This time, I will explain the hurdles and solutions encountered in international inheritance, focusing on cases where there is a "Philippine national" heir, which is a common consultation topic.

1. The biggest barrier: Many countries do not have a "family register system"!
In Japanese inheritance procedures, the prerequisite is to collect "family register transcripts" (koseki tohon) dating from birth to death to prove the relationship between the deceased and the heirs.
However, in many countries overseas, including the Philippines, a family register system like Japan's does not exist. Therefore, to officially prove that one is an heir, one must individually prepare other official documents.
For Philippine nationals, it is necessary to obtain documents such as the following from local agencies (such as the Philippine Statistics Authority: PSA).

• Birth Certificate

• Marriage Certificate

• Copy of passport

These overseas documentswill not be accepted at all by Japanese banks or legal affairs bureaus (government offices) just by obtaining them..

2. The impossible challenge of "authentication" and "Japanese translation" to make them valid in Japan
In order to use identification documents issued overseas for Japanese inheritance procedures, very time-consuming steps such as "notarization/authentication" to prove the documents are genuine and "attaching a Japanese translation" are required.
① Steps for consular authentication
To submit them to Japanese banks or legal affairs bureaus, it is necessary to obtain international endorsement that "the document is genuine." Only with this international endorsement will Japanese institutions accept the documents.
② "Signature Certificate" as a substitute for a seal registration certificate
In Japanese inheritance, it is necessary for all heirs to affix their registered seals to the "Inheritance Division Agreement" that determines how the estate is divided and to attach a seal registration certificate. However, since there is no seal culture overseas, foreign heirs must prepare a "Signature Certificate" (sign certification) as a substitute. To have this issued, the person must go in person to a counter such as a local Japanese embassy, and if they live overseas, even adjusting the schedule is a major task.
③ "Japanese translation" is required for all foreign language documents
For all foreign language documents such as the birth certificates, marriage certificates, and various signature certificates to be submitted,attaching an accurate Japanese translationis mandatory.

3. Points to note for smooth progress of procedures
Procedures involving foreign heirs, compared to normal inheritance within Japan,inevitably take a long time, measured in months, for document acquisition, mailing, and authentication procedures..
Also, it is not rare for Japanese financial institutions and legal affairs bureaus (government offices) to have different detailed rules and formats for documents required from foreign nationals (such as the extent of authentication required). If there is even one flaw or translation error in the documents, the procedure will stop completely, leading to a situation where documents must be re-acquired from overseas. Confirming the requirements of the submission destination in advance is more important than anything else.

4. Summary: Let's overcome the barriers of language and systems by borrowing the power of professionals
Let's review the points when there are foreign heirs.

① If the decedent was Japanese, Japanese law applies, and inheritance rights and statutory inheritance shares are recognized the same way even for foreign nationals.
② In countries without a family register, it is necessary to collect "birth certificates" or "marriage certificates" from overseas instead.
③ For overseas documents, local notarization, "authentication" at a Japanese embassy, and the attachment of a "Japanese translation" are mandatory.
④ Instead of a seal registration certificate, the person must go to an embassy or similar office to obtain a "signature certificate."

International inheritance procedures are a highly advanced field that requires not only simple legal knowledge but also specialized know-how, such as the issuance rules for official documents in each country and the practice of authentication. There are many cases where people give up halfway when trying to overcome the barriers of language and systems on their own.
To ensure that the remaining family members do not get lost in cross-border procedures, we strongly recommend consulting with an expert familiar with the practice of international inheritance from an early stage and receiving accurate support.

🔍 Click here for more detailed cases and behind-the-scenes stories of the practice!
How was this article?
If you were wondering, "How do I write a specific inheritance division agreement when there are foreign heirs?" or "What should I do if I want to renounce inheritance while living overseas?", please take a look at the main article on our website.
In the main article, we explain in detail the cases that actually occurred in the field of practice and specific techniques for smoothly authenticating and translating documents from overseas, including the Philippines. It is packed with hints to protect the future of your precious family, so please read it as well.