<Representative Case #1: US Probate Dispute involving Japanese Citizens and Significant Assets in Japan>
probate process occurred in US, but much of the estate was located in Japan.
decedent’s current wife retained U&P after relatives of the decedent’s ex-wife disputed the amount of their inheritance.
detailed fact-finding research and legal analysis regarding proceeds from sale of jointly-owned real estate located in Japan from 30 years prior which was the most significant issue in the dispute.
digital forensic examination of the decedent’s PC data, and collection and review of relevant documents, including tax returns filed in Japan.
disposition of properties located in Japan pursuant to Japanese law.
preparation of factual and legal analysis and English documents supporting client’s case to the US probate court.
The US probate court agreed with U&P’s client, the current wife of the decedent, and rejected the challenge to the amounts bequeathed under the will which resulted in a very favorable settlement for U&P’s client.
<Representative Case #2: Japanese Inheritance Dispute involving Heirs Living outside Japan>
decedent was Japanese citizen living in Japan, and owner of a family-owned company
estate was ~ USD 12 million
a dispute arose between the eldest son (a Japanese citizen living in Japan) and the other two children (U&P’s clients; Japanese citizens living abroad) about the fair value to be paid to the younger children based on an assessment of the estate
assessment included the market value of the land, building and shares of the company and any benefits that the elder son had received from the decedent prior to his death.
Services by U&P:
researching and analyzing the fair market value of the estate and of any prior benefits received by the eldest son, including investigation and forensic work.
making a persuasive legal argument under Japanese inheritance law of the fairness of the distribution in accordance with the above value assessment of the estate.
explaining, in English, the analysis and argument under Japanese law to the client.
negotiating a settlement with the counterparty’s Japanese lawyers and other advisors.
Result:
The eldest son agreed to a favorable settlement with U&P’s clients (the younger children), whereby U&P’s clients received triple the amount originally offered.
<Representative Case #3: 1. Service of process for divorce case in California court on a Japanese resident>
Situation:
Husband (a Japanese citizen) and wife (client) had lived in California.
Husband told his wife his intention to divorce and left California for Japan.
California counsel for the wife filed a divorce suit in California court and tried to serve it on the husband in Japan.
In anticipation of such service, the husband dodged the receipt of the service and as a result, the service was unable to be made for a long time.
Services by U&P:
Strategize service of process successfully achieved by enabling a method under the Hague Convention through creative use of Japanese postal system.
Result:
Service of process was successfully made and the husband appeared in California divorce case through his US counsel.
<Representative Case #4: 2. Estate planning for a permanent resident in Japan who is a foreign citizen>
Situation:
A permanent resident in Japan who is a foreign citizen (client) wanted to make a will disposing of his assets located in Japan and the foreign country.
Client does not have family and wanted to have someone take care of necessary matters after his death.
Services by U&P:
Prepare a will, as well as a post-death service agreement by which U&P provides such services.
Cooperate with the foreign country’s law firm regarding client’s assets located in such country.
<Representative Case #5: A Parent-Child Dispute Concerning Ownership of Real Property in Japan, Triggered by Estate Planning>
Situation:
The property was the subject of estate planning carried out by the client.
The value of the relevant commercial real property, located in Tokyo, was approximately USD 7 million.
The client, who is a foreign national, requested U&P to do estate planning for him because he had real property in Tokyo.
It was found in the course of estate planning that the client’s family member registered a transfer of ownership for the property to himself, without informing the client. Research by U&P revealed that the family member had instituted a lawsuit against the client in Japan, claiming registration of transfer of ownership using the method of service by publication, and won the lawsuit in the form of a default judgment. Therefore, a dispute over the ownership of the property ensued between family members.
Services Provided by U&P:
We immediately filed a motion in Japan for a provisional disposition order prohibiting the disposal of the property, which was granted.
We appealed against the ruling of the initial lawsuit claiming registration of transfer of ownership that had been instituted by the family member and finalized in the form of a default judgment and assisted the client in instituting an ownership confirmation suit.
We pursued lawsuits, conducted witness examinations (in Chinese), and prepared the client for his witness examination in English, for this litigation.
Result:
The defendant’s family member accepted a settlement that was favorable to the client, and the client obtained a 50% co-ownership interest in the real property as well as approximately USD 2 million, which was equivalent to rental income from the property for a number of past years.
Comments from the client:
I am a Canadian who had an investment property in Japan. My primary language is English and Mandarin, and do not speak a word of Japanese.
I have been retaining a law firm here in Canada for many years. It was not until I decided to update my will, that my law firm suggested that I should also establish a will in Japan, where my investment property was located. Through their referral, I was in connection with Ushijima & Partners in no time. Email exchanges were prompt and professional. I felt secure with this law firm.
When I communicated with Ushijima & Partners, their attention to detail was phenomenal. As a result of their quick search, they found a false registration by a family member on the investment property that would require litigation to recover. They were precise in asking questions and delivering information. Ushijima & Partners provided strategies and discussed all possible outcomes. Before going to court examinations, there was endless preparation. By following their instructions, it gave me confidence. I know Ushijima & Partners had my back and I felt peace of mind.
Since we claimed 100% ownership of the property, the result of our lawsuit was not a 100% win for us. However, I believe it was the best outcome that we could possibly get, in light of existing familial relationships. Due to the nature of our lawsuit and its complexities, what our attorneys, Osamu Inoue Esq., Satoshi Yakushiji Esq., and others achieved was stellar – I don’t think anyone could have done better.
My lawsuit lasted through a course of many years. Initially, the legal fee was arranged as a time-charge basis, which is Ushijima & Partners’ usual fee structure. But, because I am not a corporation but an individual, I asked Ushijima & Partners to switch to a contingency fee agreement midway through the process. I really appreciate the flexibility they offered for payment. I couldn’t imagine going through this lawsuit without the contingency fee they made available. I am glad that the option was made available, and I did not have to worry about payment until the conclusion of the lawsuit.
Ushijima & Partners is a full service, English proficient law firm. I would certainly recommend this law firm for any legal needs in Japan.
