International Family Law regarding Divorce, 1980 Hague Child Abduction Cases, and Inheritance
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303 Second Masaki Building, 2-4-5 Namiki, Kawaguchi City Saitama Prefecture, 332-0034, Greater Tokyo Area Half an hour train ride from Central Tokyo
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In general, if an heir does not wish to pay back the decedent’s debt, the heir makes a statement about the renunciation of the decedent’s inheritance to the family court (Refer to Civil Code Art.938).
In the case where the family court grants the renunciation of the decedent’s inheritance, a person who has renounced inheritance will be deemed as not originally having been an heir to the inheritance(Civil Code Art.939).
In general, an heir needs to make renunciation of inheritance within three months of the time he/she has knowledge that there has been a commencement of inheritance for him/her. If an heir does not make renunciation of inheritance within this period, except for certain circumstances. An heir cannot renounce the decedent’s inheritance(Civil Code Art.915).
Under Japanese law, from the time of commencement of inheritance, an heir succeeds to the blanket rights and duties attached to the property of the decedent; (provided that this shall not apply to rights or duties of the decedent that are purely personal) (Civil Code Art. 896).
Please note: If an heir renounces the decedent’s inheritance, the heirs of the decedent’s heir do not inherit the decedent’s property.
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303 Second Masaki Building, 2-4-5 Namiki, Kawaguchi City Saitama Prefecture, 332-0034, Greater Tokyo Area Half an hour train ride from Central Tokyo
Tel 81+(0)48-271-5085
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