2-4 How to write your will
Overview
Your will should set out:
Types of wills
There are two major types of wills in Japan, one is a notarized will and the other is a holographic will.
Of the two options, I recommend that you make a notarized will.
In Japan, a last will must be in a certain format, otherwwise there is a risk of the will being deemed invalid. A notarized will has a lower risk of this occuring, as a notary public will go over the document and confirm that the format and the content of the will are acceptable. In addition, notarized wills are considered more trustworthy, which makes the execution of wills at banks and government offices smoother.
1. A notarized will:
• can be drafted by a lawyer or notary public(Koshonin)
• is signed before 2 or more witnesses (Civil Code Article969)
• is notarized by a notary public
*Witnesses should NOT be minors, relatives, or anyone who will benefit from the will or notary employees. They will need to understand, sign and affix their official seals to the will written in Japanese.
The procedure at the notary's office is as follows:
The first step is identification. Present your identity card to the notary and answer the questions as asked, giving your name, address, date of birth and occupation in Japanese.
Next, the notary will read out the will in Japanese, so please listen to it until the end.
The notary will then ask if there are any mistakes in what he/she has read out. So please respond whether it is correct or not.
Finally, the testator(you)and witnesses sign and seal the original will, pay the notary fee and the procedure is over.
*If a testator
• does not understand the Japanese language
• cannot speak or hear
• does not understand written words
notaries must have an interpreter attend the creation of a will. （Notary Act Article 30）
*If a testator
cannot appear in a notary's office due to medical or other reasons, a notary can visit his/her residence or hospital.
The price the notary charges to make the will depends on how much your estate worth.
The price chart is available here. https://www.koshonin.gr.jp/pdf/english2.pdf
2. A Holographic will:
• must be written by hand*
• must be dated and signed
• must be stamped (if a testator is a Japanese national)
• requires NO witnesses
• can be changed and rewritten whenever you want
*The list of assets (Zaisan-mokuroku) can be typed.
However, each page of the list needs to be signed. (Civil Code Article968(2))
You can keep your holographic will at your home/bank/lawyer’s office or store it with the legal affairs bureau. (Act on Storage of wills in legal affairs bureau) . If you opt to store your will at home or in a bank safe deposit box, it's important to inform someone about its location so that it can be easily located when necessary.
If an heir finds the deceased’s holographic will outside the legal affairs bureau, he/she must take it to the Family Court. A will that has been sealed may not be opened unless in the family court in the attendance of an heir or his/her representative. (Civil Code Article 1004(3))
Last updated November 22, 2024