<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.
Result:
– 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>
Situation:
– 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.
