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Will revoked by marriage under Japan Law? 2017/3/21 23:42
Need somebody to advise on Japanese Succession Law & Intestacy Rules

I am a foreigner living in Japan. My husband who is a Japanese has a will made before we got married, everything will go to his parents should anything happens. Now that we are married, under laws of Japan, is this will automatically revoked and follows intestacy rulings or still prevails?
by Purpledreams (guest)  

Re: Will revoked by marriage under Japan Law? 2017/3/23 08:28
As far as I know, the will still prevails, so the attorney or whosoever takes care of the estate (in the unfortunate event of your husband's passing) will try to enforce it. However, the spouse is a party with entitlements to the estate absent the will, so you will be able to "claim" the portion reserved under entitlements. Unless there are some special circumstances, it would be nicer if your husband revised his will.
by ........ (guest) rate this post as useful

Re: Will revoked by marriage under Japan Law? 2017/3/23 08:58
Get your husband to make a new will. It is not rocket science.
by hakata14 (guest) rate this post as useful

Re: Will revoked by marriage under Japan Law? 2017/3/23 11:03
Thank you! Because in my country a marriage will revoke whatever I have made previously when I was single so I was wondering if it's the same in Japan. Guess not..

I will try to convince him again to get it done despite his laziness and busy schedule...
by Purpledreams (guest) rate this post as useful

Re: Will revoked by marriage under Japan Law? 2017/3/23 17:52
you don't need to be worried about such things, because parents will ordinarily die first.
if you are saying about 死亡保険金受取人 and if you are telling him the change frequently, it might suggest that you are wanting him to die.
by ken (guest) rate this post as useful

Re: Will revoked by marriage under Japan Law? 2017/3/23 22:12
ken,

I don't think she is talking about life insurance, for one thing. And it is not that she is planning to "telling him the change frequently."

It can happen that a man in his relatively young age, particularly if he has business of his own, write up a will, believing that he would never get married or something, and later does get married but feels so secure about the will and not worried about his life (and forgotten about the will) that he does not update the will even after a major change in their life, like a marriage.
by ........ (guest) rate this post as useful

Re: Will revoked by marriage under Japan Law? 2017/3/24 12:18
Perhaps to a Japanese(depending on that person), it may be sensitive to discuss on will, write or change it. This is why I find it hard to open up to my fellow Japanese friends.

But I have changed my will to include his share after marriage while I was still in my country so I feel that it is only fair that he as my husband should do the same as well especially now that I gave up my secure job, family, friends, etc to move over to Japan with him. Age is catching up and I just need some sort of security.

by Purpledreams (guest) rate this post as useful

Re: Will revoked by marriage under Japan Law? 2017/3/24 12:22
I think that is fair enough also. Just keep hounding him. Hopefully he'll do it soon for you.
by hakata14 (guest) rate this post as useful

Re: Will revoked by marriage under Japan Law? 2017/3/24 21:16
I am very sure that more than 90% Japanese young people don't write a will, 遺言書.
when a person, who is single and has no child, is dead, all properties will inherit to the parents.
therefore, it is unnecessary to write a will which direct the parents as successors.
there should be some special reason for him.
by ken (guest) rate this post as useful

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