Legacy division is a procedure to divide and distribute the inherited property to the heirs. When you have to cope with legacy division in Japan, there are following options.
1) Legacy division by agreement
First, the coheirs will try to build a consensus through discussions. It is up to coheirs how to divide the legacy, if they can reach an agreement. However, all coheirs have to agree about how to divide the assets, so sometimes it is not possible to reach an agreement.
2) Conciliation (Cho-tei in Japanese)
When coheirs cannot reach an agreement by themselves, every coheir can file a petition for conciliation at the Family Court. There are three advantages in the conciliation;
1. Commissioners and a judge will conduct the conciliation and facilitate the discussion between coheirs.
2. When coheirs agree to a settlement, the court will make a document which has same effect as the judgment of a lawsuit.
3. The charge at the court is rather reasonable (1200 yen per one coheir)
3) Domestic Relations Trial at the Family Court (Shinpan in Japanese)
When coheirs cannot reach agreement even through the conciliation, the procedure will move on to Domestic Relations Trial “Shinpan” and the judge of the family court will decide how to divide the assets.
We can provide legal advice about legacy divisions. In inheritance cases, once the trouble gets into a tangle, it becomes increasingly difficult to resolve. Therefore, it is recommended to consult an attorney as early as possible.