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hyperides · 2009-03-20, 11:16 PM

My question here is about inheritance and advancement of estate. Two parter:

1) Where does the law stand in terms of inheritance portions accorded to children born out of wedlock.

2) Also, is money sent to me by a parent for educational expenses while I was an adult counted as a an advancement on his estate. i.e that is, if some money is due to me after his death, the amount of money already given to me is subtracted from the portion of my inheritance?

KansaiBen · 2009-03-20, 11:31 PM

[quote=hyperides;770754]My question here is about inheritance and advancement of estate. Two parter:

Quote:

2) Also, is money sent to me by a parent for educational expenses while I was an adult counted as a an advancement on his estate. i.e that is, if some money is due to me after his death, the amount of money already given to me is subtracted from the portion of my inheritance?

If you are a foreigner you can include any out-of-wedlock kids in your will made overseas. No need to deal with Japanese laws here.

Majestic · 2009-03-20, 11:49 PM

Quote:

Originally Posted by hyperides

1) Where does the law stand in terms of inheritance portions accorded to children born out of wedlock.

In Japan, if the father recognizes the child as his own, then yes children born out of wedlock will have rights of inheritance. Info in Japanese here

Quote:

2) Also, is money sent to me by a parent for educational expenses while I was an adult counted as a an advancement on his estate. i.e that is, if some money is due to me after his death, the amount of money already given to me is subtracted from the portion of my inheritance?

I think money given to you by your parents (regardless of the purpose) would almost surely be viewed by the NTA as a gift. Note that gifts of up to something like JPY 1,100,000 are not taxed in Japan.

KansaiBen · 2009-03-20, 11:59 PM

I just looked up the relevant laws- you are right. I will add that under Japanese laws illegtimate kids get half what a legitimate child will get.

If father is Japanese then he will have to have parental authority.

hyperides · 2009-03-21, 12:08 AM

KansaiBen, Majestic, thanks for your replies. The thing is, I have a Japanese father. While my parents separated a long time ago, he did many years ago recognize me as his child. I was officially adopted by him while I was a teenager. I should have been clearer about that. Born out of wedlock but adopted much later on.

2009-03-20, 11:16 PM	#1
hyperides Junior Member Join Date: Mar 2009 Posts: 2	Inheritance Laws My question here is about inheritance and advancement of estate. Two parter: 1) Where does the law stand in terms of inheritance portions accorded to children born out of wedlock. 2) Also, is money sent to me by a parent for educational expenses while I was an adult counted as a an advancement on his estate. i.e that is, if some money is due to me after his death, the amount of money already given to me is subtracted from the portion of my inheritance?

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2009-03-20, 11:59 PM	#4
KansaiBen SupremePot Join Date: Jan 2008 Posts: 4,596	I just looked up the relevant laws- you are right. I will add that under Japanese laws illegtimate kids get half what a legitimate child will get. If father is Japanese then he will have to have parental authority.

2009-03-21, 12:08 AM	#5
hyperides Junior Member Join Date: Mar 2009 Posts: 2	KansaiBen, Majestic, thanks for your replies. The thing is, I have a Japanese father. While my parents separated a long time ago, he did many years ago recognize me as his child. I was officially adopted by him while I was a teenager. I should have been clearer about that. Born out of wedlock but adopted much later on.