To settle the negotiation on inheritance, it is necessary to obtain the agreement of all legal heirs. Therefore, you cannot ignore heirs residing abroad or if their address is unknown. First, we will research the law applicable to the case. If the will is valid by law, we will execute the will. If the will is invalid or the deceased did not leave a will, we will consider the legal inheritance, the legal share and the direction of a division conference to conclude a division agreement. When an inheritance is necessary, it is necessary to contact all the heirs, since a succession procedure requires an agreement between all the heirs. However, if the heirs reside outside of Japan, a Japanese law expert hired for the succession of Japanese real estate may have difficulty succeeding during the trial, as it is difficult or impossible to contact or communicate with these heirs in a foreign country. If the deceased has a will in Japan, a Japanese legal expert can avoid such difficulties, as a will avoids an agreement on the estate. We have extensive experience in representing clients in conciliation and adjudication procedures, as well as in the design of contracts for the division of hereditary assets. Once all the heirs are known, the succession agreement is ready to be executed. This agreement must be signed by all heirs; Otherwise, you will not be able to use this document if you are dealing with banking or real estate procedures.
Otherwise, a person excluded from the agreement may object to it at a later date. It is therefore necessary to determine the heir and the hereditary patrimony BEFORE the execution of this contract. Japanese law considers that Japanese inheritance law always applies to a deceased person with Japanese nationality, regardless of where his or her land holding is located. Although it is preferable for all heirs to meet in the same place and at the same time, it is possible to perform this contract without meeting. This is because you can send the written agreement to other heirs so that they can sign it and send it back to you. We offer legal advice on areas of burden inherited from the past. In estates, as soon as the problem is in a tangle, it becomes more and more difficult to solve. It is therefore recommended to consult a lawyer as soon as possible. To continue with bank documents or a request to change the property, you need to confirm who the heirs are. Only heirs have the right to enter into an inheritance division agreement and sign bank forms, usually referred to as the “Estate Procedure Application Document” (Suzoku tetsuzuki iraisho). In general, the heirs are the spouse and/or children of the deceased, so it is common to assume that there are no heirs other than the family members..
. . .