Procedures for the Division of Property under Japanese Law

In order to divide a deceased estate, it is necessary to determine first who the heirs are and what assets are to be inherited.

If the heirs cannot reach an agreement at a conference as to how the inherited assets should be divided, they may file a petition for conciliation proceedings at the Family Court. If the case is not settled through conciliation proceedings, then it will proceed to adjudication proceedings and the court will make a ruling.

In order to do so effectively, it is recommended that they be represented by counsel. Attorneys with vast experience in handling inheritance cases know how to make appropriate legal arguments and achieve better and fairer outcomes for their clients.

It is also advisable that an attorney draft the agreement for a division agreed upon by the heirs so that future disputes can be avoided between them.

Only attorneys are qualified to act as counsel in the Family Court.