Refusal of succession
The refusal of succession is the case where heirs abandon all property left to them by the decedent. It is a method used to not succeed to an inheritance. One may question why someone would not wish to succeed, but this method is often used when the inheritance has some negative point, a common one being debt. This is an effective way to refuse to inherit debt associated with a decedent’s estate. It can also be used when there is an emotional reason for not wishing to inherit.
The procedure is to submit “the application form for the refusal of succession” to the family court within three months. When there are multiple heirs, it is possible that not all will wish to refuse succession, as well as the case where all heirs will wish to refuse succession.
Limited recognition
This is the case where there are positive assents and negative assets involved in the inheritance. The inheritance of the negative assets is accepted up to the limit of the amount of the positive assets. The remainder of the negative assets is not accepted, amounting to a limited refusal of succession.
In this case all of the heirs jointly coordinate the list of assets, and present it to the family court within three months for approval of the limited refusal of succession.
Although it is possible to use limited recognition in the case where the deceased has assets and outstanding debt, this approach is not used very often. The reason is that it takes time to fully examine the assets of the decedent and have a clear understanding of the state of their affairs at the time of death.
Important points regarding the refusal of succession
As the use of the refusal of succession has increased recently, it is important to remember that that it must be completed within three months. In addition, care must be taken to consider various points;
l There are cases where a vicious moneylender will wait until after the three month interval has passed to inform the estate of the existence of a debt and then demand that it is paid. In such a case consult with us immediately as the initial resolution may still apply.
l The assets of the decedent may decrease due to funeral expenses or the automatic deduction of public utility fees. This is accepted within common sense; however an explanation to the creditor may be needed due to the refusal of succession.
l In the case where you are the beneficiary of a life insurance policy, you are not allowed to receive it. This applies to any welfare annuity as well. However, you may receive a survivor’s annuity, even in the case of refusal of succession.
l Moneylenders may demand payment and your official stamp (seal) on documents. In the case of refusal of succession you do not have to pay, and need to inform them of these circumstances.
The above is the procedure for people with Japanese nationality.
With regard to the procedure for a foreigner, please feel free contact us at the following address or call us on
Your privacy and confidentiality are guaranteed. Your privacy is protected strictly by the law of Japan. Please do not hesitate to stop in for a consultation.
