Best Inheritance Law Lawyers in Shibuya

1. About Inheritance Law in Shibuya, Japan

Inheritance law in Shibuya follows national Japanese law rather than a separate local code. The Civil Code of Japan (Minpō) governs who inherits, how assets are divided, and the formalities for wills. Local procedures in Shibuya are coordinated through national institutions such as the Family Court, Legal Affairs Bureau and notary offices, with asset transfers recorded in Tokyo's administrative offices.

Notaries, lawyers, and courts in Shibuya handle wills, intestate succession, and disputes. Wills can be prepared privately or as a notarial will, which tends to be more robust for real estate and complex estates. For non-notarial approaches, residents work through a bengoshi (Japanese attorney) to navigate probate and asset registration steps.

Understanding the basic framework helps you decide when to seek legal counsel. The aim is to clarify heirs, protect rights, and ensure proper transfer of real property, bank accounts, and other assets located in Tokyo and beyond.

2. Why You May Need a Lawyer

• A family in Shibuya disputes a will that leaves most assets to a non-relatives and omits legal heirs. A lawyer helps establish the legitimate shares under intestate succession rules and negotiates a fair settlement.
• A non-Japanese spouse residing in Shibuya inherits real estate in Tokyo and needs guidance on inheritance tax and ownership transfer procedures. An attorney coordinates tax and title registration steps with authorities.
• Parents in Shibuya prepare a notarial will to avoid later challenges, but the will needs to be drafted in accordance with notary requirements and then registered for real property transfers.
• An elderly resident dies without a will, and the estate includes a condo in Shibuya Ward. A lawyer helps identify all heirs, gather documents, and file for probate with the appropriate court and authorities.
• A sibling asserts a larger share of a Shibuya-based estate than other heirs after a parent passes away. Legal counsel helps gather asset records and negotiates or litigates a fair distribution.
• A business owner in Shibuya passes away and the family needs to assign succession to co-owners or heirs while protecting business continuity and debt settlement. A lawyer advises on corporate as well as estate aspects.

3. Local Laws Overview

• Civil Code of Japan (Minpō) - Governs inheritance, wills, and succession, including intestate rules and will validity. This is the core source for how estates are divided when there is no will or when the will is challenged.
• Notary Public Act (公証人法) - Regulates notaries who can draft and certify notarial wills, which can simplify real estate transfers and reduce the likelihood of later disputes.
• Inheritance Tax Act (相続税法) - Administered by the National Tax Agency, it determines inheritance tax liabilities and exemptions for estates in Japan, including assets located in Tokyo.

Inheritance in Japan is primarily governed by the Civil Code (Minpō) and related tax rules administered by the National Tax Agency. For official guidance, see the Ministry of Justice and National Tax Agency resources.
Ministry of Justice
National Tax Agency

4. Frequently Asked Questions

1. What is the basic process to start probate for an inheritance in Shibuya, Tokyo?

   First identify all heirs and assets. Then collect documents such as the death certificate, will, and property records. File with the relevant court or authority and begin the probate or estate settlement process.

2. How do I appoint an executor for an estate in Shibuya?

   Most wills appoint an executor. If there is no executor, a court may assign one. A bengoshi can help prepare or challenge an appointment and ensure duties are clearly defined.

3. When should I use a will versus intestate succession in Japan?

   Use a will to control asset distribution and reduce disputes. Intestate succession applies when there is no will or when the will is invalid, and it follows statutory shares.

4. Where do I file inheritance documents in Shibuya and Tokyo?

   Probate filings are handled by the Family Court within Tokyo's jurisdiction. Real estate transfers are registered with the Legal Affairs Bureau in Tokyo.

5. Why should I hire a local bengoshi rather than a nationwide firm?

   A local bengoshi understands Shibuya and Tokyo court practices, and can coordinate with local notaries and the Tax Authority efficiently.

6. Can I challenge or contest a will in Shibuya?

   Yes, you can contest a will on grounds such as lack of testamentary capacity or undue influence. A lawyer guides evidence collection and proceedings.

7. Should I prepare a notarial will in addition to a private will?

   Notarial wills are often more robust for real estate transfers and may be more widely accepted by banks and courts.

8. Do I need to pay inheritance tax if all assets are in Tokyo?

   Most cases do incur inheritance tax, but exemptions and rates apply. An accountant or bengoshi can estimate liability and filing deadlines.

9. How much do Shibuya inheritance lawyers typically charge for probate services?

   Fees vary by case complexity, assets, and time. Typical consultations may range from a fixed fee for simple matters to hourly rates for disputes.

10. How long does the probate process usually take in Tokyo?

    Simple matters may conclude in a few months; complex disputes can take a year or more, depending on court workloads and asset complexity.

11. Is there a difference between a notarial will and a holographic will in Japan?

    Yes. Notarial wills are prepared by a notary and certified; holographic wills are handwritten and require strict formalities to be valid.

12. What documents are required to start an inheritance case in Shibuya?

    Common documents include death certificates, a will if present, family register, property titles, bank statements, and tax records.

5. Additional Resources

• Ministry of Justice (MOJ) - English site - Official government information on civil law, wills, and probate processes in Japan. https://www.moj.go.jp/ENGLISH/index.html
• National Tax Agency - Inheritance Tax - Guidance on inheritance tax rules, exemptions, and filing requirements. https://www.nta.go.jp/english/taxes/inheritance/index.htm
• Japan Federation of Bar Associations - Professional resources and lawyer directories for finding a qualified bengoshi in Tokyo. https://www.nichibenren.or.jp/en/

6. Next Steps

1. Clarify your goals and assets - List all real estate, bank accounts, and investments in and outside Japan. Set priorities for distribution or sale.
2. Confirm jurisdiction and timing - Determine whether the estate will be handled in Tokyo Family Court or through notarial procedures in Tokyo. Note filing deadlines.
3. Consult a local bengoshi - Find a lawyer in Shibuya with inheritance law experience. Ask about fees, timelines, and prior cases similar to yours.
4. Gather key documents - Death certificate, will, family registers, property titles, tax records, and bank statements. Scan and share with your lawyer.
5. Decide on a will strategy - Consider whether a notarial will is appropriate for your estate and whether to register a will with a notary.
6. Plan for tax implications - Have an estimate of potential inheritance tax and filing obligations with the NTA. Coordinate with an accountant if needed.
7. Set expectations and timeline - Ask your lawyer for a step by step timeline covering filing, court decisions, and asset transfers. Schedule regular updates.