In assigning responsibility for accidents it is not always clear who the negligent party is. In many cases there will have been a string of incidents leading up to the accident in question and there may be multiple cases of careless behavior. Having an attorney help with litigation or negotiation related to an accident in Japan can help make it clear what each parties’ legal responsibilities are.
The burden to pay Japanese inheritance tax falls on the heirs, not on the estate itself. However, in some cases, the heirs may not live in Japan and therefore would not normally be subject to Japanese tax. Therefore, for inheritance tax purposes, non-resident heirs are considered “limited taxpayers” and are subject to tax on any assets they inherit located in Japan.
Situations can arise where the negligence of one party is compounded by the negligence of the other party. Courts will take this factor into consideration when determining the amount of damages to be awarded and who is responsible for paying. The damages for negligence might be split between the two responsible parties or, in some cases, both parties might be liable for the full amount of damages.
The advantage of drafting a will in Japan is that the drafter can choose who to give his or her assets to and in what amounts. However, there are limits on how freely property can be distributed after death in Japan. Japanese law dictates that, regardless of what is stated in a will, spouses and children are entitled to part of the decedent’s estate. This minimum is set by law and can be claimed by spouses and children upon request to the court.