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Inheritance takes place from the date of commencement of inheritance (death of a person). The person who leaves the inherited property is called the decedent, and the person who inherits the inherited property is called the heir.
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　
If there is only one heir, it is unlikely that there will be any problems except in cases where the decedent has debts (debts). In most cases, there are two or more heirs, which causes problems.
　
If you do not leave a will to your heirs while you are alive, it will become legal inheritance. The share of the legal inheritance is called the inheritance share.
　
Whether the inheritance is different from the statutory inheritance or the statutory inheritance is the same, which inherited property will be inherited, for example, which inherited property such as land and buildings, deposits and savings, stocks, etc. If the inheritance is not decided, the inherited property will be shared according to the inheritance, and it will not be possible to freely dispose of the inherited property.

For example, deposits cannot be withdrawn, and land and buildings cannot be freely used or sold.
The above is the basic problem pattern.
　
In addition to this, first of all, as an heir issue,
(1) If the heir died before the decedent and the heir had a child (grandchild of the decedent) (this is called inheritance by proxy).
② If the heir had an illegitimate child (called an illegitimate child)
③If the other heirs of the spouse (wife) who has no children with the decedent (husband) are only brothers and sisters of the decedent (husband)

There are many different examples such as

Second, as an inheritance issue,
①If the inherited property is land, buildings and a small amount of deposits and savings, and there are multiple heirs other than the spouse, and if there is a debt (debt) that exceeds the inherited property
(2) There are a wide variety of cases, such as cases where the land and building of the inherited property were jointly owned.
　
In any case, it is very important to prepare a will before the decedent’s death, and to prepare an inheritance division agreement after his death.
　
In addition, if the will is a handwritten will, it is necessary to have the family court probate (confirm) that the contents of the will are valid and that there are no formal deficiencies.

However, from July 10, 2020, the legal bureau will start a system of storing handwritten wills, and after confirming that there are no deficiencies in the necessary formalities, it will be possible to store the handwritten wills at the Legal Affairs Bureau, and the family court will probate them. (Confirmation) is not required.
　
However, since the Legal Affairs Bureau only confirms that there are no deficiencies in the formalities at the time of storage, it does not examine the contents of the will.
　
On the other hand, a notarized will, which is created by a notary public at a notary public office, is the safest will method because the notary public confirms the contents of the will from the testator and carefully prepares it so that there will be no future disputes. thinking about.
Of course, notarized wills do not require probate (confirmation) at the family court.

Case of legal inheritance Total inherited property of 150 million yen
Breakdown: deposits and savings of 20 million yen, stock market value of 30 million yen, condominium of 100 million yen

(1) Spouse only
Heir: Spouse Inheritance amount: 150 million yen Ratio: All

(2) Only two children
Heir: Eldest son Inheritance amount: 75 million yen Ratio: 1/2
Heir: Eldest daughter Inheritance amount: 75 million yen Ratio: 1/2

(3) Spouse and 2 children
Heir: Spouse Inheritance amount: 75 million yen Ratio: 1/2
Heir: Eldest son Inheritance amount: 37.5 million yen Ratio: 1/4
Heir: Eldest daughter Inheritance amount: 37.5 million yen Ratio: 1/4

(4) Spouse, 1 child, 1 grandchild (eldest daughter who died)
Heir: Spouse Inheritance amount: 75 million yen Ratio: 1/2
Heir: Eldest son Inheritance amount: 37.5 million yen Ratio: 1/4
Heir: Grandson Inheritance amount: 37.5 million yen Ratio: 1/4

(5) Spouse, father, mother
Heir: Spouse Inheritance amount: 100 million yen Ratio: 2/3
Heir: father Inheritance amount: 25 million yen Ratio: 1/6
Heir: mother Inheritance amount: 25 million yen Ratio: 1/6

(6) Spouse, brother, sister
Heir: Spouse Inheritance amount: 112.5 million yen Ratio: 3/4
Heir: brother Inheritance amount: 18.75 million yen Ratio: 1/8
Heir: sister Inheritance amount: 18.75 million yen Ratio: 1/8　　　　　　　　　　　

Certified Administrative Procedures-Legal Specialist can prepare wills and inheritance division agreements, but procedures such as registration of transfer of ownership of real estate to heirs are prohibited by law, so we will separately ask a Judicial Scrivener with whom we partner.

Please feel free to contact us at the Tokyo Duke-Rei Certified Administrative Procedures Legal Office, as we are accepting consultations on inheritance.

Compensation regulations
1⃣ When receiving a request, we ask that you pay the full amount as a deposit for remuneration of 100,000 yen (excluding tax) or less. Please note that we may ask you to pay the actual cost in advance.

2⃣ When receiving a request, for remuneration over 100,000 yen (excluding tax), we ask that 50% of the remuneration amount be paid as a deposit at the time of request. In addition, we ask that you pay the remaining 50% and the actual cost settlement amount when the work is completed. Please note that we may ask you to pay the actual cost in advance.

3⃣ Please note that we will not refund the start fee if the work is completed in the middle due to the client’s convenience.

Estimated reward
1⃣ Consultation by face-to-face: @ 5,000 yen per hour (excluding tax)
　
2⃣ Heir investigation/confirmation work: ¥30,000 (excluding tax)

3⃣ Inheritance relationship chart (family tree) creation: ¥ 30,000 (excluding tax) ~

4⃣ Submit the above inheritance relationship diagram (family tree) to the Legal Affairs Bureau as legal inheritance information proof
Proxy application and certificate receipt: ¥ 20,000 (excluding tax)

5⃣ Creation of inheritance division agreement: ¥50,000 (excluding tax)

6⃣ Guidance on writing a handwritten will and testament: From 40,000 yen (excluding tax)
7⃣ Creation of notarized will draft: From 80,000 yen (excluding tax)

Note 1) Simple consultation for the same project after starting is free (within 30 minutes once).
Note 2) If there are 4 or more heirs, 4 people ~ @ 1 person x 5,000 yen (excluding tax) will be added.
Note 3) In the case of acting as a representative for various notification procedures to government offices and financial institutions, daily allowance @ 1 hour
　　Additional costs such as ¥5,000 (excluding tax) and transportation expenses may be added.
Note 4) Actual costs for issuance of family register, resident’s card, certificates, etc. will be charged separately.
Note 5) For notarized wills, actual costs such as notary public fees will be charged separately.
Note 6) Judicial scrivener fees and actual costs will be charged separately for real estate registration procedures.

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