INDIVIDUAL CLIENTS

I want to divorce but can I do that in Japan? My spouse has already left Japan and I cannot get in touch with him/her. How shall I proceed with the divorce process? I received a notice in Japanese regarding inheritance of certain property, but I do not know where to start from. I want to make a will, but my child has a Japan nationality. How does this affect? International inheritance and family matters involve issues related to Japan law as well as the laws of the related parties or assets, so it is best to consult with an experienced lawyer.

    International Inheritance, Wills, and Trusts

    It is distressing to see issues resulting from inheritance that should be avoided. OKA FORTUNA LAW aims to reduce the number of people going through a hard path. The decedents must have wished the prosperity of their children and future generation. Let us help get you through the current situation.

    Furthermore, if a plural nationality is involved or if the location of the inherited assets is overseas, different laws may apply to even one inheritance. Close collaboration with overseas specialists is usually required to proceed with the process. In addition, documents that are required in Japan and outside Japan often differs, so there are cases where certificates issued in Japan are not valid overseas or there is no similar document abroad what the Japanese agencies require. Therefore, it is strongly recommended to hire experts who can flexibly handle such situations. OKA FORTUA LAW has extensive experience in international inheritance and has established a network of trusted lawyers in various overseas countries, so please feel free to consult us.

    SERVICE ITEMS

    • no.1

      Consultation

      • Meeting with Clients to collect necessary information, explanation on the governing law and inheritance procedures that must be taken. As for foreign laws, including probation procedures, we will work with the local lawyers.

    • no.2

      Implementation support

      • Typically, execution of will. We provide detailed services tailored to the assets, including changing the property ownership, canceling, or transferring the overseas bank accounts, and canceling utility services of the decedent.

    • no.3

      Creation of will or a living trust.

      • Understanding of the assets and liabilities, including the wishes of the Client advice on the type of will to use.

    • no.4

      Draft agreement regarding inheritance among the heirs.

      • This may happen whether there is a will or not. Under the Japan laws, it is allowed that heirs agree on different terms and conditions from the will.

    • no.5

      Preparation for the future

      • Inheritance planning, including the use of trust before death.
        To avoid complicated probate procedures both domestically and overseas, it is very common to use living trust for property inheritance not only in Japan but also abroad.

    • no.6

      Dispute resolution

      • Negotiation, mediation, and litigation related to inheritance and wills, including claims for the amount, infringing the legally secured portion in the inheritance.

    Crossborder Divorce and Internal Relations

    Issues between a married couple and issues related to their children are often areas that Clients rarely feel free to disclose to others, including their parents. On the other hand, these problems are deeply related to Client’s daily life, making them feel as if there is nowhere to escape everyday, and therefore causing them significant psychological stress.

    Unfortunately, resolving these issues takes longer time than Clients expect in most cases. However, Clients who decided to draw some sort of line in their marital relationship towards theirs spouse, and minimize the negative impact on their children, please contact OKA FORTUNA LAW for any assistance we can provide. Even if Clients’ thoughts and ideas are not yet organized, we will listen to the situation and use our legal expertise to help find a way towards resolving the issues effectively.

    In cases of international divorce, the applicable laws may differ depending on the nationality of each of the parents, their children, place of residence, and location of assets. There are also countries that do not recognize divorce through mutual agreement, which is possible in Japan. Spouses may take child across a border in extreme cases, in which case procedures must be carried out in accordance with the Hague Convention (or find out whether the country is a party to the Hague Convention). OKA FORTUNA LAW will help Clients based on our accumulated knowledge. Please feel free to contact us for a consultation.

    SERVICE ITEMS

    no.1

    Negotiations, divorce mediation, and divorce lawsuits

    no.2

    Claim for compensation and property division (or defending against them)

    no.3

    Request for support for marital expenses (living expenses) during the marriage period (or defending against it).

    no.4

    Response to parent-child visitation rights after divorce (or defending against it).

    no.5

    Claiming for return of children taken across the borders according to the Hague Convention (or defending against it)

    no.6

    Claim for compensation from the party who committed illegal acts.

    Real Estate and Other Property Issues

    Clients must be concerned when problems arise with their valuable assets. While it is ideal to resolve any dispute by conversation with the other party, disputes related to high-value assets such as real estates often constitute foundation of lives and businesses of Clients,so. Once a dispute arises, it is very important to resolve it quickly, and accurately.

    In addition, in the midst of super-aging society, we have seen an increase in inquiries related to parents purchasing expensive products or being involved in fraudulent schemes. OKA FORTUNA LAW has extensive experience in property-related disputes, so even if Client is not so sure whether the issue at question can be resolved through consultation with a lawyer, please feel free to come to our office.

    SERVICE ITEMS

    • no.1

      Real Estate Issues

      • ・Negotiations for unpaid rent payments, negotiations for eviction of unlawful occupation, and other legal procedures including execution support.
      • ・Support for claims of refunding deposit and guarantees
      • ・Disputes related to restoring properties to their original state

    • no.2

      For Elderly Persons

      • ・Support for application for appointment of guardians, conservators, or the like for the benefit of elderly person
      • ・Voluntary guardianship agreements to guard and manage the property of the elderly person

    • no.3

      Others

      • In addition to the above, we handle a wide range of matters. As lawyers, we have a strict obligation to maintain confidentiality under the law, and the privacy of those who come to us for consultation is fully protected. Rather than continuing to suffer alone, please feel free to consult with our office once.