Yamamoto Shibasaki Law Office

山本柴崎法律事務所

Personal Services

Inheritance

Everyone will die someday, so inheritance is a problem no one can avoid and pass by. However, it is not rare that the extent or the evaluation of, or the way to divide inherited property develop into a dispute among heirs. The coming into effect of the agreement on a division of inherited property requires an agreement among all heirs; therefore, if a matter once runs into trouble, the division of the inherited property may remain unsettled for a long time, or an heir may die before the agreement is settled resulting in a further complex problem.

If you retain inheritance problems to attorneys-at-law, you can proceed with the negotiations for the division of the inherited property calmly and smoothly, and furthermore, the attorneys can reflect in the agreement the greatest possible request from the client. Even if an agreement can not be reached, you can file a petition for conciliation for the division of the inherited property, or otherwise address the situation timely and appropriately, allowing you to expect the elongation of the dispute to be prevented.

Our firm has a track record of handling various inheritance issues from relatively small inheritance to large one; making the most use of the knowledge and know-how cultivated through such experiences, we aim to maximize the interests of our clients.  We have a large amount of experience in inheritance and division of inherited property for foreign nationals living in Japan as well.

Additionally, these days, the importance of making wills rises increasingly to clarify the intent of the decedent regarding inheritance to prevent inheritance problems. However, since formalities of wills are strictly stipulated by the Civil Code, making a will by yourself is likely to result in making errors, which may turn the will made with much effort to be invalid.

Our firm also helps you in making a will and causing the intent of the decedent to be succeeded by the next generation.

■ Past achievements

・Making a will.

・Negotiations for a division of inherited property; Preparation of written agreement on a division of inherited property.

・Filing for conciliation for a division of inherited property.

・Claim for abatement to preserve legally reserved portion.

Guardianship

8-10 percent of the elderly aged 65 or above are said to develop dementia, so it is not uncommon that one of the family members becomes unable to administer his/her property due to dementia. It is often seen that a child caring daily for his/her aged parent administers such parent’s property on behalf of the said parent. However, without being duly appointed as a guardian, the child is often unable, for example, to carry out a real estate transaction for the parent, even if he/she tries to sell the parent’s home to raise funds for moving in a nursing home. Additionally, if one of the children administers their parent’s property, a dispute concerning inheritance may occur among children after the death of the said parent. To avoid such a situation, it is useful to file a petition for a guardian of an adult and to entrust the administration of the property to the impartial and neutral guardian of an adult appointed by a court.

Besides filing petitions for guardianship for an adult, curatorship, and assistance, our firm is ready for the preparation of voluntary guardianship contracts and acceptance of a voluntarily appointed guardian for you to provide against old age.

■ Past achievements

・Filing a petition for guardianship for an adult and a minor, for curatorship, and for assistance.

・Acceptance of a guardian of an adult, a supervisor of a guardian, and a supervisor of a curator, and the like.

・Preparation of a voluntary guardianship contract; Acceptance of a voluntarily appointed guardian.

・Counsel on end of life planning.

Divorce

Divorce and problems regarding a couple are issues weighing heavily on the mind of those concerned, with both parties’ circumstances involved in each other in a complex manner. Furthermore, divorce accompanies many matters to be arranged, such as the distribution of property, living expenses in marriage, child support, parental authority, and visitation and contacts; therefore, it is useful to proceed with negotiations or a lawsuit with the other party while receiving counsel from attorneys-at-law as experts.

Besides, we can also help you in preparing a Prenup which may be entered into before marriage.

Our firm bears in mind hearing carefully from our clients and provides advice on appropriate dispute resolution methods.

■ Past achievements

・Negotiations, conciliation of domestic relations, and representation in lawsuit regarding divorce, distribution of property, living expenses in marriage, child support, parental authority, and visitation and contacts, or otherwise.

・Preparation of a written agreement of divorce.

・Claim for damages regarding infidelity.

・Preparation of a Prenup (English version available).

Real Estate Transactions and Registration

For many individuals, real estate transactions occur at most only several times in his/her lifetime, so it is not rare to leave the conduct of such transactions up to estate agents. Furthermore, disposition of real estate often requires as a precondition resolution of legal issues such as inheritance problems or boundary ones with adjacent land, or the like.

If you retain attorneys-at-law to act as agents for carrying out real estate transactions, the attorneys can conduct contract negotiations with the closer views of the client and resolve legal issues in no time, in cooperation with estate agents and land and house investigators, or otherwise. Besides, the key to resolving troubles with neighboring properties or those about the lease is early intervention by attorneys-at-law.

Our firm provides dispute resolution services covering the whole field of real estate transactions and real estate itself, as well as one-stop services for the registration procedures often required in the conduct of real estate transactions.

■ Past achievements

・Sale of an inherited real estate.

・Negotiations for determining and a lawsuit for confirming a boundary with adjacent land.

・Agency for purchase and sale procedures regarding changing home.

・Dealing with all sorts of trials, conciliations, and ADR procedures such as action for removal of building and vacation of land, action for return of security deposit, and action for registration procedures of ownership transfer.

・Real estate registration procedures as a whole, such as registration of ownership transfer, registration of extinction of mortgage, and registration of change in address.

Damages

– I’ve caused a traffic accident.

– Unintentionally, through carelessness, I’ve damaged others’ property, or I’ve injured others.

– I’ve caused leakage of water in my apartment, getting the residents downstairs into trouble.

These are only examples. We citizens might sometimes face trouble in the course of daily life; on such occasions, it is not rare that resolutions by way of compensation for damages are attempted.

With a leading non-life insurance company as a client, our firm has handled a large number of damages issues involving individuals, resulting in accumulation of knowledge and our extensive track record of handling such issues.

We counsel each of our individual clients appropriately based on such knowledge and experience.

Furthermore, we are ready to accept consultations from those having suffered damage from an accident and seeking compensation for damages, so please feel free to contact us.

■ Past achievements

・Accidents in all sorts of facilities (all kinds of stores, nursing care facilities, leisure facilities, and schools, and the like).

・Leakage of water accident.

・Fire accident.

・Sports accident.

・Pet accident.

・Traffic accidents (automobile accident, bicycle accident, and accident during walking).

Domestic Relations Overseas

As globalization progresses, many people have a foreign national partner or live abroad. Our firm handles consultations on divorce from a foreign national partner and on inheritance procedures overseas, and agency for negotiations for the agreement on a division of inherited property involving overseas residents. We can introduce and support local agents under certain circumstances.

■ Past achievements

・Consultation on the divorce between a German and a Japanese in Germany.

・Consultation on the divorce between a Chinese and a Japanese in Japan.

・Divorce procedures (conciliation) of a couple consisting of a UK citizen and an Israeli.

・Arrangement of and support to a local agent carrying out inheritance procedures at a financial institution in Australia.

・Agency for negotiations for the agreement on a division of inherited property for a US citizen in Japan.

・Representation in an inheritance-related lawsuit for an Austrian in Japan.

・Preparation of a prenuptial agreement.

Status of Residence; Nationality

The attorneys-at-law and an administrative scrivener in our firm cooperate each other to provide such services as examination as to the status of residence of the foreign nationals incorporating a company in Japan, affairs regarding immigration control for the placement of the staff at a branch or a joint venture in Japan, and acquisition of visas required for the employment in a overseas company.

Additionally, we commit ourselves to deal with nationality problems, acquisition of the status of residence when coming back to Japan, and applications for re-naturalization for ex-Japanese who have acquired foreign citizenship by way of marriage or otherwise.

■ Past achievements

・Intermediation of application for Certificate of Eligibility (“Investor and Business Manager” and “Dependent”) for a US couple.

・Intermediation of application for Certificate of Eligibility (“Spouse or Child of Japanese National“) for an ex-Japanese American.

Criminal Case

– I’ve been arrested on suspicion of a crime which I did not commit…

– I’ve got into a quarrel with and struck somebody sitting next to me at a bar while under the influence of alcohol. I’ve been arrested and detained. I admit what I did, and I reflect on my conduct. However, my managed company has significant business dealings imminent. So if the detention drags on, things go worse irreparably…

– I’ve caused a fatal car accident…

– An employee of my managed company appears to have been investigated by the police…

– I am a victim of a crime. I want the criminal to be punished justly…

 

Criminal cases are surprisingly connected with our daily life, and problems regarding crime suddenly surface. Since hardly anyone is accustomed to criminal cases, when it comes to getting involved in such problems, one often does not know what to do and is at a loss in great anxiety.

Since we serve many companies as legal advisors, our firm has handled a large number of criminal cases, for example, coping with a scandal (crime) caused by a company or a personal scandal (crime) caused by an employee of a company. Additionally, having as a member an attorney-at-law initially serving as a public prosecutor, our firm is familiar with investigation techniques of the police and the public prosecutors office allowing us to counsel our clients from the viewpoint of practical criminal procedures.

We listen carefully to the words of our clients involved in a criminal case and scrupulously explain the flow of criminal procedures, points to note in each step, and the outlook for the case. Further, we assist our clients to the best of our ability toward the realization of the best result for the client (release, obtaining an appropriate assessment of culpability, and contesting being not guilty).

Besides, we accept lectures relating to criminal laws during in-house training or otherwise, as well as consultations, for example, on considering remedies for crime victims (including criminal complaints).

■ Past achievements

・Criminal defense in general, including legal counsel before the institution of prosecution and pleading for the defendant at the post-institution stage.

・Counsel on an investigation by the police before the initiation of a criminal legal action.

・Lecture on criminal laws during in-house training.

・Consultation from a crime victim (including on a criminal complaint)

Taxation Business

Since the basic personal exemption amount of inheritance tax was reduced in 2015 (Heisei 27), those who require inheritance tax return have increased. Our firm carries out such services as agency for negotiations for a division of inherited property, taking into account inheritance tax return and the applications of all sort of tax cut measures. Furthermore, regarding the inheritance tax return after the division of inherited property, we offer such services as counsel, agency for return, or the introduction of certified public tax accountants on a case-by-case basis.

Besides the above services, we are also ready for the return of the capital gain when carrying out a real estate transaction, or other consultations concerning taxation business, as well as the attendance at tax inspections.

■ Past achievements

・Counsel concerning inheritance tax and agency for the return.

・Counsel regarding personal tax return and agency for the return.

・Attendance at an inheritance tax inspection by Information Division of National Tax Agency and submission of written opinions.