Originally published on metropolis.co.jp on January 2012

What should I do if my husband or wife dies?

Naturally you will be preoccupied with many family matters, as well as dealing with your grief. However, it is important to consider the legal aspect concerning inheritance. Inheritance means the succession of all the deceased’s property, including assets and debts, plus certain kinds of legal statuses like house tenancy. You have to determine if you will succeed the properties or abandon them within three months, and if your dead partner is Japanese, you are required to succeed all property including debts.

You should carefully investigate the state of the property with the help of a lawyer. Next, discuss the division of the property with the other successors. If there is no will, civil law determines your portions. You can divide according to a unanimous decision among all successors. If this negotiation fails, you will have to go to the family court for conciliation. Of course if there is a will, all successors must respect it. However, if you’re not given anything in the will, you still have the right to receive half your legal portion.

Life insurance requires caution. If the beneficiary was designated, the insurance money is not a part of the legacy and can’t be shared. Also, debts are not divided among heirs because they are automatically divided according to the legal portion—even if there is a will. Other important points are past contribution to the property and special economic benefits a successor received from the deceased.

The reason most inheritance cases take a long time is that successors must negotiate if someone wishes to pursue a claim. If so, it is recommended to consult with a lawyer as soon as you can. 

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