Many Japanese individuals living in the United States own real estate in Japan and wonder how those assets should be addressed in their estate plan.

While a California Living Trust can be an effective tool for managing and transferring assets located in the United States, Japanese real estate often requires separate consideration under Japanese law. As a result, many individuals choose to address their U.S. and Japanese assets through separate planning documents.

A Practical Approach: Two Estate Planning Documents

In many cases, a practical solution is to use the following combination:

California Living Trust

The Living Trust is used to hold and manage assets located in the United States. The trust documents can be drafted to coordinate with your Japanese estate planning documents and to address the treatment of assets located outside the United States.

Japanese Notarial Will (Kosei Shosho Yuigon)

A notarial will prepared in Japan before a Japanese notary and witnesses is generally regarded as one of the most reliable forms of testamentary planning under Japanese law. It can clearly designate the beneficiaries of Japanese real estate and help reduce the risk of future disputes or procedural challenges.

Referral to Japanese Professionals

Our office does not prepare Japanese wills or provide legal advice regarding Japanese law. However, we can refer clients to Japanese judicial scriveners who are experienced in international estate planning matters involving both the United States and Japan.

Please contact the Japanese professional directly regarding eligibility requirements, procedures, fees, and the preparation of Japanese estate planning documents.

As laws and procedures may change, please consult a qualified Japanese professional regarding the current requirements for preparing a Japanese notarial will from outside Japan.