Why Having a Will Matters in Japan
Dying without a valid will in Japan (dying intestate) means your estate will be distributed strictly according to the Civil Code's statutory rules — regardless of your personal wishes. For anyone with specific wishes about their assets, a blended family, foreign heirs, or significant property, a Japanese will is an indispensable planning tool.
Japan's Civil Code recognizes three main types of will, each governed by strict formal requirements. Failing to meet these requirements renders the will entirely void.
Type 1: Holographic Will (自筆証書遺言, Jihitsu Shōsho Yuigon)
The simplest form. The testator writes the entire will by hand, dates it, and signs it. No witnesses are required.
Requirements:
- Must be written entirely in the testator's own handwriting — no typed or printed text for the body (as of a 2019 reform, attached property schedules may be printed and signed).
- Must include the exact date (year, month, and day).
- Must be personally signed and sealed (a personal seal is customary but a signature alone is also valid).
Pros:
- Simple, private, and free to create.
- Can be created at any time without professional involvement.
- Since 2020, can be deposited with the Legal Affairs Bureau (Hōmu-kyoku) for safekeeping.
Cons:
- Prone to errors that void the will.
- Must go through family court probate (ken'in) before use, unless deposited with the Legal Affairs Bureau.
- Can be lost, destroyed, or contested more easily.
Type 2: Notarized Will (公正証書遺言, Kōsei Shōsho Yuigon)
The testator dictates their wishes to a notary public (kōshōnin) in the presence of two witnesses. The notary drafts the official document, which is signed by all parties and stored permanently at the notary's office.
Requirements:
- Two independent witnesses (not heirs, not relatives of heirs).
- Declaration of intent before the notary.
- Signed by the testator, witnesses, and notary; official seal affixed.
Pros:
- Very difficult to challenge on formal grounds.
- No family court probate required — the will can be executed immediately.
- Original is safeguarded by the notary indefinitely.
Cons:
- Involves notary fees (based on estate value).
- Requires scheduling and witness coordination.
- Less private than a holographic will.
Type 3: Secret Will (秘密証書遺言, Himitsu Shōsho Yuigon)
The testator writes (or types) the will, seals it, and presents the sealed envelope to a notary and two witnesses, who certify the sealed document's existence without reading its contents.
This type is rarely used in practice because it combines the downsides of both other types — it requires notarization and family court probate — while providing limited additional benefit.
Choosing the Right Type
| Factor | Holographic | Notarized |
|---|---|---|
| Cost | Free | Notary fees apply |
| Risk of invalidity | Higher | Very low |
| Privacy | High | Witnessed |
| Probate required? | Usually yes | No |
| Best for | Simple estates, younger testators | Complex estates, older testators |
What a Japanese Will Can and Cannot Do
A will can: designate heirs, bequeath specific assets to specific people, name an executor, acknowledge paternity, and establish a trust.
A will cannot: override compulsory shares (iryūbun) owed to close relatives, or govern jointly-owned property that passes by other means.
Practical Advice
- For most people with meaningful assets, a notarized will is the safest choice.
- Always have a Japanese-speaking professional review the document, especially if you are a foreign national.
- Review and update your will after major life events: marriage, divorce, birth of a child, or significant asset changes.
- Consider whether a will in Japan coordinates properly with wills or estate plans in other countries.