Whether a person dies with or without a will (or testament), certain procedures must be followed in order to prevent any future disputes among successors from arising, including holding a legacy division conference, conducting partition of the estate and registering the inheritance. In the event that the successors cannot all agree on how the inheritance should be divided, they will need to file a petition in the Family Court for family conciliation on partition of the estate or for a decision on partition of the estate. We are able to draft an agreement on partition of the estate as well as act as agent on behalf of a successor at the Family Court. If the amount of inherited debt exceeds the value of inherited property, a renunciation (waiver) of inheritance at the Family Court is permissible but only during the three month period following the date of inheritance. We offer legal advice on such renunciation of inheritance.
The number of persons marrying foreigners has increased dramatically in the past decade as the globalization of the economy has developed. Unfortunately, the rate of divorce among those in international marriages has also increased. The fact that family law varies greatly from country to country makes things more complicated when it comes to international divorce and child custody. For example, divorce by agreement which is legitimate under Japanese law is not necessarily legitimate in other countries; the family law of certain countries only permits divorce by judgment of court. We use our best efforts to provide our clients with the most appropriate solution considering the features of each case to achieve the best outcome for the client, with the assistance of foreign attorneys to be retained on an as needed basis.
We offer advice to individuals when they have legal problems with their employers, such as non-payment of overtime, employment transfer, personnel relocation, dehiring, sudden layoff, sexual harassment and abuse of power in the workplace. We propose the most appropriate solution to obtain the best outcome for the client through negotiation outside court, labor tribunal decision or other means.
In today’s motor car society, anyone can be the victim or perpetrator of a car accident. Most people assume that as long as they or the perpetrator have car insurance, if they are involved in a car accident and suffer physical or mental damage, the insurance company will happily offer to compensate them in full for the damage. Unfortunately, that is not the case in the real world. In most cases, the amount which the insurance company proposes in settlement of the damage is much less than the amount which might be awarded by a court if a lawsuit were filed. Another little-known fact is that insurance companies use different criteria for their settlement proposals depending upon whether one negotiates with or without a Japanese qualified attorney. So if you receive a proposal from an insurance company for the settlement of damage which you suffer as the result of a car accident, we recommend you to contact us if (i) you are not satisfied with the proposed amount and/or (ii) you would like to know whether or not their proposed settlement amount is fair and appropriate.
Many people assume that a will (or testament) is a tool for wealthy families only. However, the inheritance of members of ordinary families often leads to a family quarrel among successors and it is therefore recommended that everyone makes a will. Making a will is indispensable should you wish to
(i) leave your estate to non-legal successors,
(ii) share your estate among successors in a different manner from their
statutory entitlement to the estate, or
(iii) leave business-related assets such as stocks and real estate to a
designated successor for business transfer.
We will draft a will which incorporates your intentions to the maximum extent permitted under Japanese law. We recommend making a will as a notary deed so that the original copy of the will is stored with the notary. However, we also offer advice on how to draft a holographic (i.e. handwritten) will to satisfy the requirements of Japanese law. We can also act as executor of a will as well as store the original copy of a holographic will in our office. Please note that these services will be charged separately from the drafting of the will.
Please do not hesitate to ask by a telephone and mail.
Weekday AM 9:00 - PM 6:00
Tel : 03-3370-2521
The Parkrex Yoyogi 2F, 1-47-9
Yoyogi, Shibuya, Tokyo