general practice

December 5, 2017

What is the Saiban-in system?

In 2004 the Japanese government passed a law to create a jury-like system for Japanese criminal trials.  In 2008 that legislation was put into force as the saiban-in system.
November 15, 2017

Does Japan maintain any double taxation treaties for inheritance?

Japan has only one estate tax treaty, signed with the United States in 1955.  The treaty is designed to prevent double taxation for inheritances that involve both US and Japanese inheritance tax law.
October 17, 2017

How do you determine the location of assets in an inheritance?

In order to determine inheritance tax in Japan, the location of the inherited asset plays an important role.  Determining this location is relatively simple for some types of assets.  For example, real property and personal property are located where they exist.  However, for less tangible assets, like bank accounts, that can be accessed from around the world, the situation is more complicated.
September 25, 2017

Can spouses always claim part of an estate in Japan?

Even if a deceased writes a will that excludes a spouse or child, under Japanese law, a spouse can almost always claim a portion of the estate by right.  This portion may not be as large as the spouse would have received if there had been no will at all, but this provision is meant to ensure that spouses will always receive something upon the death of their partner.