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What is an Agreement on Division of Inheritance in Japan?
(Isan Bunkatsu Kyogisho) |
| An Agreement on Division of Inheritance in Japan, which is referred to as an Isan Bunkatsu Kyogisho in Japan, is a legal document drafted under which heirs of a deceased agree on how to distribute the estate of a deceased individual. This document is unique in that it is prepared after the death of an individual, often when the deceased individual did not leave a will.
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| When the Agreement on Division of Inheritance is Used |
The Agreement on Division of Inheritance is often prepared under the following situations:
- The decedent did not leave a valid will and the heirs wish to divide assets in a manner that is contrary to how they will be divided under the rule for statutory shares (Hotei Sozokunin) provided under the Civil Code; or
- The decedent did leave a will but the beneficiaries under the will decide that they would like the assets to be divided into distributions that are different from what the will dictates. It is good to note that in principle, the provisions of a will shall take precedence over the terms of an Agreement on Division of Inheritance.
*Please note that statutory heirs (Hotei Sozokunin) are individuals who are lawfully entitled to inherit the deceased individual’s estate. They often include the surviving spouse, children, parents, and etc.
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| Requirements for a Valid Agreement on Division on Inheritance |
In order to prepare a Valid Agreement on Division on Inheritance, you will need to follow the steps below:
- Determine who the legal heirs of the deceased are;
- Determine the assets that the deceased had owned during his/her lifetime;
- The legal heirs discuss and decide on who receives which asset(s) under said Agreement;
- A lawyer or Judicial Scrivener will prepare said Agreement.
It is important to note that all legal heirs must agree to the distribution of assets as will be provided in said Agreement. Otherwise, the Agreement will be void. All legal heirs must sign said Agreement and place their respective seals on the document.
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| Conclusion |
| As the Agreement for Division on Inheritance is often used in Japan, it is good to know that this document can be prepared after the death of an estate owner, in the event an estate owner fails to leave a will upon his/her death, or even in the event the legal heirs wish to have the estate distributed in a manner that is contrary to what was dictated in the will of the estate owner. |
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| I started a podcast for the Hongo Law Office, LLLC! |
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I started a podcast for the Hongo Law Office, LLLC!
While I will mainly discuss estate planning/administration issues by myself each month, I also welcome guests on my podcast. I am now inviting anyone to be on my show. Please email me at yuka.hongo12@gmail.com if any of you might be interested in appearing as a guest on my show!
In this 16th episode, our guest is Ben Bisogno, a Japanese-English bilingual freelance paralegal based in New York. Raised in a family with a strong appreciation for the arts, he is the first in his family to work in the legal field.
Ben supports Japanese clients by using online notarization to help ensure their documents can be smoothly authenticated for use in U.S. courts and legal procedures.
In this episode, we discuss the current system and upcoming changes in online notarization, as well as Ben’s many artistic talents. We hope you enjoy the episode.
Episode Link |
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| Client Comments |
| "Lawyers in the U.S. can be difficult to talk to at times, but I think people find it easy to talk to Ms. Hongo. I also like the fact that Ms. Hongo follows up with her clients on a timely basis." |
| Sachiko Trillo, Honolulu |
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| "Hongo Tsuji Tax & Consulting, our accounting firm, introduced me to Ms. Hongo. I consulted her with regards to estate planning, and I appreciated the fact that she took care of our documents in a timely manner." |
| K.A., Tokyo |
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| "I appreciated Ms. Hongo's professional expertise and the kind way in which she took care of our matter. I am truly happy that she helped us." |
| Mitsuko Seto, Osaka |
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| "Ms. Hongo not only prepared my trust, but also took care of legal matters involving my company. Her fee is reasonable and she follows up with you in a timely manner." |
| S. Suzuki, Company Owner |
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| "Ms. Hongo took care of our matter in a kind manner. We liked the fact that her office was located in Waikiki, near our home." |
| Sugiyama, Waikiki |
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| "I became a successor to 2 condominiums that my wife owned in Hawaii, after my wife passed away. Ms. Hongo took care of our probate matter in a short timeframe of 1 year. We feel very grateful to her." |
| Shuichi Sakamoto, Nasu |
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| "Our clients were very satisfied with Ms. Hongo's service because she was able to explain matters such as probate in an easy-to-understand manner. Ms. Hongo is someone we can rely on for any matter." |
| Noboru Ohhashi, List Sotheby's, Tokyo |
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| "Given that the U.S. real estate recording process and its pertaining laws differ from those of Japan, and it is difficult to learn about them in English, I appreciated Ms. Hongo being able to explain them to me in an understandable manner. I would like to seek her help in the future for other matters." |
| K. Iwasaki, Honolulu |
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| "Ms. Hongo helped me with the estate planning for my real estate in Hawaii. I was glad she was able to help me during her visit in Japan." |
| S.T., Kawasaki |
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| "It was our long-term goal to prepare a trust for our family. We are now able to take the next step in our lives, as Ms. Hongo applied her proficient bilingual skills to efficiently take care of our matter. We are very grateful for what she did for us." |
| A.P., Honolulu |
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| Attorney Yuka Hongo has been included as an honored listee in Marquis Who's Who for 2024. Marquis has chronicled the lives of accomplished individuals and innovators since 1898. |
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| Hongo Law Office LLLC is proud to have been acknowledged as one of the "Best Probate Attorneys in Honolulu for 2026" by Expertise.com. |
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| Attorney Yuka Hongo has been named a 2026 Elite Lawyer in the area of Estate Planning in Hawaii. The award recognizes attorneys who have displayed a high level of competence in their practice. |
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| You're invited to call or email |
"If you have questions about estate planning and administration, please don't hesitate to call. I'll be glad to hear from you." – Yuka
Call (808) 237-9944 or email yuka.hongo12@gmail.com |
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| Meet Yuka Hongo, Esq. |
| Yuka Hongo is a respected estate planning attorney based in Honolulu, Hawaii. She has practiced law for 10 years and is fluent in both English and Japanese. |
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Practice Areas: Yuka represents clients in matters related to estate planning such as the preparation of Trusts, Wills, and the Transfer on Death Deed. She also provides services in the area of estate administration, including probate.
Education: In 2000, Yuka graduated from Oberlin College (Oberlin, OH), where she earned a Bachelor of Arts Degree in Economics and East Asian Studies. In 2004, she graduated from Loyola Law School (Los Angeles, CA), where she earned her Juris Doctor Degree. In 2022, Yuka graduated from Keio University (Tokyo, Japan) where she earned a Master of Laws Degree.
Court Admissions and Bar Memberships: Yuka is a member of the Hawaii, California, New York, Washington, and the District of Columbia Bar Associations. Yuka is a member of the Advisory Committee for the Hawaii Tax Institute Program.
Additional Qualifications: Yuka is a Certifying Acceptance Agent who can obtain the ITIN tax number for foreigners in the U.S. In addition, she is a Life Insurance Agent and a licensed Notary Public in the State of Hawaii. Also, Yuka is fully bilingual in Japanese and English and has in-depth legal work experience working with both languages.
Multicultural Background: Yuka has experience living and working in both the U.S. and Japan and has a thorough understanding of both cultures in these two countries. In addition, she loves working with people from other multicultural backgrounds and working on international matters.
Educational Presentations: Yuka has presented seminars in Japan and in the U.S. relating to various estate planning/estate administration issues.
Residence & Interests: Yuka lives in Honolulu, Hawaii and is single. She enjoys scoping out new eateries and restaurants. |
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You can also connect with Yuka on LinkedIn, X and YouTube. |
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