Which Country’s Law Applies in International Inheritance?

According to the “Act on General Rules for Application of Laws”: Article 36: Inheritance is governed by the national law of the deceased. Therefore, the law of the deceased person’s country of nationality is applied.

What About Foreign Laws?

South Korea and Taiwan, for example, have the same rule: “Inheritance is governed by the national law of the deceased.” However, foreign inheritance laws naturally have provisions that differ from those in Japan. For instance, “Chinese law applies the law of the deceased’s habitual residence.” In U.S. law, the provisions for inheritance law differ depending on whether the inherited property is real estate or movable property. The law of the location of the real estate applies to it, while the law of the deceased’s place of residence applies to movable property.

Cross-border inheritance cases can be extremely time-consuming because of differing laws and the types of official documents available from country to country, making the investigation and collection of paperwork a very lengthy process. If you find it difficult to personally gather the necessary documents, don’t know what or how to investigate to move the procedures forward, or are unsure which country’s laws apply, please feel free to consult with us.