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Wills for Foreign Residents in Japan: Types, Law, and Validity
Wills for foreign residents in Japan sit where two legal systems meet: who inherits is usually decided by the law of your nationality, while Japanese banks and the Legal Affairs Bureau move your Japanese assets through Japanese procedures.1 A will that those institutions can act on directly, ideally one exempt from the family-court inspection, spares your heirs much of the delay that follows a death.23
Procedures, fees, and requirements can change. Confirm current details at the Ministry of Justice (法務省) site. This article is general information, not legal or tax advice; for your specific case, consult a licensed bengoshi (弁護士, attorney) for governing-law analysis, cross-border coordination, or acting as executor, a shihō-shoshi (司法書士, judicial scrivener) for will drafting support where real estate registration follows, or a zeirishi (税理士, tax accountant) for the inheritance-tax consequences.
Overview
This guide is for foreign residents who hold assets in Japan, such as bank deposits, securities, or real estate, and especially those with a spouse, partner, or children. It answers two practical questions: whether a will you already made at home is enough, and which Japanese will type to use if you make one here.
What heirs do after a death (proving heirship, unfreezing accounts, registering property) is covered in Inheritance for Foreign Residents in Japan: Accounts, Property, and Heirs. Tax is covered in Japan Inheritance and Gift Tax for Long-Term Foreign Residents.
What a will does in Japan
A 遺言 (yuigon, read igon in legal usage, "will") takes legal effect after the testator's death over matters such as the disposal of property and the designation of inheritance shares.24 The Ministry of Justice (MOJ) gives examples such as leaving property to someone who is not an heir, or having one heir take a piece of real estate outright instead of all heirs holding it jointly.4
A will can also name an executor, the person who carries out its terms.2 When Japanese law governs the matter, a will can recognize a child (Civil Code Article 781(2)), and the last parent exercising parental authority over a minor can name a guardian for that child (Article 839(1)).2
Without a will, assets pass under whichever succession law governs. That process belongs to the inheritance guide named above.
Who benefits most from a Japan-specific will
When Japanese law governs succession, the heirs are the deceased's children, then lineal ascendants if there are no children, then siblings, with the legal spouse always inheriting alongside them (Civil Code Articles 887, 889, 890).2 The Code has no heir category for a partner who is not a legal spouse.2 For an unmarried or de facto partner, a will is the main way to provide for them; see Domestic Partnerships and the Future of Marriage Law and Same-Sex Marriage Status in Japan for partner status itself.
The MOJ lists these reasons to make a will:4
- giving property to someone who is not an heir;
- having one heir take real estate instead of leaving it in co-ownership;
- preparing for the unexpected;
- avoiding disputes among surviving family.
A Japan-specific will also helps anyone whose heirs live abroad. Notarial wills and wills held in Legal Affairs Bureau safekeeping skip the family-court inspection that a privately kept handwritten will requires.4 Residents who own Japanese real estate or hold significant Japanese deposits or securities gain the most from that shortcut.
Age and capacity to make a will
Under the Japanese Civil Code, anyone aged 15 or over may make a will (Article 961), and the testator must have capacity at the moment the will is made (Article 963).2
For a foreign national, the formation and effect of a will are governed by the testator's national law at the time it was made (Act on General Rules for Application of Laws, Article 37(1)).1 Separately, the Act on the Law Applicable to the Form of Wills treats limits on permitted will forms based on age, nationality, or other personal qualifications as matters of form (Article 5), so the broad formal-validity rule described below applies to them.56
Where these two rules meet is a question of legal characterization. A testator near the age boundary, for example under 18, should get professional advice on which rule applies.
Which law governs your will
Three separate questions decide whether a will works, and Japanese law answers each with a different rule. The 法の適用に関する通則法 (Hō no Tekiyō ni Kansuru Tsūsokuhō, "Act on General Rules for Application of Laws") handles the first two; the 遺言の方式の準拠法に関する法律 (Yuigon no Hōshiki no Junkyohō ni Kansuru Hōritsu, "Act on the Law Applicable to the Form of Wills") handles the third.
| Question | Rule | Source |
|---|---|---|
| Who inherits, and how much | Testator's national law (Act on General Rules, Art. 36) | 1 |
| Is the will validly formed, and what effect does it have | Testator's national law at the time the will was made (Art. 37(1)); for revocation, national law at the time of revocation (Art. 37(2)) | 1 |
| Is the will in a valid form | Valid if it complies with any one of the laws listed in Form of Wills Act, Art. 2 | 5 |
Succession: your national law, with renvoi
Article 36 states the starting point plainly: inheritance is governed by the national law of the deceased.1 For most foreign residents, that means home-country succession law decides who inherits and in what shares, even for assets located in Japan.
反致 (hanchi, "renvoi") can reverse that result. Under Article 41, where your national law governs and that country's own rules point to Japanese law, Japanese law applies.1 If your home country's conflict rules point to the law of your domicile or to the location of real estate, renvoi can bring Japanese law back in.
Several further rules shape the answer:
- Multiple nationalities: the national law is that of the country of nationality where you have habitual residence, or otherwise the most closely connected one; if one of your nationalities is Japanese, Japanese law is your national law (Article 38).1
- Countries whose law differs by personal status: the law designated by that country's own rules applies, or failing such rules, the most closely connected law (Article 40).1
- Public policy: a foreign law provision is not applied if applying it is against public policy (Article 42).1
Readers with more than one nationality, or from a country with several regional legal systems (such as a federal state), should have a bengoshi work through these rules for their specific case.
Formal validity: the Hague rule
Japan signed the 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions on 30 January 1964, ratified it on 3 June 1964, and the Convention entered into force for Japan on 2 August 1964.7 Japan implemented it through the Act on the Law Applicable to the Form of Wills (Act No. 100 of 1964), which took effect the same day.5
Under Article 2 of that Act, a will is formally valid if its form complies with any one of these laws:5
- the law of the place where the will was made;
- the law of a country of which the testator was a national, either when the will was made or at death;
- the law of the place where the testator was domiciled, either when the will was made or at death;
- the law of the place where the testator had habitual residence, either when the will was made or at death;
- for a will concerning real estate, the law of the place where the property is located.
Whether you were domiciled in a given place is decided by that place's own law (Article 7(1)).5 A foreign law is not applied where doing so is clearly contrary to public order (Article 8).5
The rule also covers revocations. A will that revokes an earlier will is formally valid if it complies with any law under which the earlier will was formally valid (Article 3).5
Reserved shares (iryūbun) when Japanese law governs
If Japanese law governs your succession, either because you are a Japanese national or through renvoi, certain heirs hold a 遺留分 (iryūbun, "reserved share") that a will cannot defeat.2 Every heir except siblings has one (Civil Code Article 1042(1)).2
| Heir combination | Overall reserved fraction | Source |
|---|---|---|
| Only lineal ascendants (parents, grandparents) are heirs | 1/3 | Civil Code Art. 1042(1)(i)2 |
| Any other case (spouse and/or children are heirs) | 1/2 | Civil Code Art. 1042(1)(ii)2 |
| Siblings | No reserved share | Civil Code Art. 1042(1)2 |
Each heir's individual reserved share is the overall fraction multiplied by that heir's statutory share (Article 1042(2)).2 Statutory shares themselves are explained in the inheritance guide.
The remedy is a 遺留分侵害額請求 (iryūbun shingaigaku seikyū, "claim for money equal to the infringed reserved share"), made against the person who received the bequest or gift (Article 1046(1)).2 The heir does not recover a share of the asset itself.
The claim lapses if not exercised within one year after the holder learns both that succession has begun and of the bequest or gift that infringes their share, and in any case ten years after the death (Article 1048).2 Under a foreign national law the rules can differ.1
Is your home-country will valid in Japan?
As to form, often yes. The practical friction lies in getting Japanese institutions to act on a foreign document, not in its legal validity.
When a foreign will is formally valid
Apply the Hague rule above to the common case. A will made in your home country, in that country's form, is formally valid in Japan because it complies with the law of the place where it was made, and usually also with the law of your nationality.5
This holds even where the home-country form is not one of the forms the Japanese Civil Code recognizes, because Article 2 asks only whether the will complies with one of the listed laws.5 A typed, witnessed will that would not qualify as a Japanese handwritten will can still be valid in form.
Formal validity settles only the form. Who inherits and whether reserved shares apply still follow Articles 36 and 37.15
What Japanese institutions ask for before acting on it
The Civil Code requires whoever holds a will, or the heir who finds it, to submit it to the family court for inspection without delay after learning of the death; notarial wills are exempt (Article 1004(1)–(2)).2 Whether a will made abroad in a foreign form must pass that inspection before a bank or the Legal Affairs Bureau will act on it, and whether those institutions also want apostilled copies, a sworn translation, or a foreign grant of probate, is not settled in official guidance. Expect requirements to vary by institution.
A shihō-shoshi writing on English-language wills notes that a will in English would likely need a Japanese translation of its full text at the inspection stage (as of 2026-10-09; confirm current practice with the family court handling the case).8 That is professional commentary, not a court rule.
The MOJ safekeeping system accepts foreign-language wills with an attached Japanese translation, but only handwritten wills that meet the Japanese Civil Code's own requirements (as of 2026-10-09).4 A foreign-form will, such as one typed and witnessed abroad, cannot be deposited there.
How banks and the Legal Affairs Bureau treat a foreign grant of probate or a foreign-appointed executor at the heir stage is covered in Inheritance for Foreign Residents in Japan: Accounts, Property, and Heirs. For the document-handling side, see Foreign Document Authentication for Japan-Side Use, Apostille and Hague Convention Authentication, and Translation Agencies and Sworn Translators in Japan.
Why many residents add a Japan-only will anyway
Adding a Japan-only will is a practical choice, not a legal requirement; the Form of Wills Act already validates most home-country forms.5 The payoff is speed and certainty at Japanese institutions.
A notarial deed is drawn up in Japanese (Notary Act Article 27), so the operative document needs no translation for a Japanese bank or registry.9 Notarial wills are exempt from the family-court inspection (Civil Code Article 1004(2)), and so are wills held in Legal Affairs Bureau safekeeping (Act on Storage of Wills in Legal Affairs Bureau, Article 11).23
The Japan National Notaries Association (JNNA) states that a will prepared at a Japanese notary office in accordance with Japanese law by a foreign national resident in Japan is valid in form in Japan, while noting that whether Japanese law governs the will's formation depends on the testator's home-country rules.10
Japanese will types compared
The table compares the notarial, holographic, and secret will, with holographic wills split by where they are kept. The official costs in the last column are current (as of 2026-10-09; confirm current figures with the Japan National Notaries Association and the Ministry of Justice).1112
| Type | Who writes it | Witnesses | Family-court inspection after death | Where the original is kept | Official cost (as of 2026-10-09) |
|---|---|---|---|---|---|
| Notarial will (公正証書遺言) | Notary drafts from the testator's oral statement | 2 or more (Civil Code 969)2 | Not required (1004(2))2 | Notary office; created and stored as electronic data in principle since 2025-10-0113 | Graduated fee per beneficiary, plus ¥13,000 will surcharge if the total is ¥100M or less; see the fee table below1113 |
| Holographic will kept privately (自筆証書遺言) | Testator by hand (asset list may be typed) | None4 | Required (1004(1))2 | Wherever the testator keeps it4 | ¥0 official4 |
| Holographic will in Legal Affairs Bureau safekeeping | Testator by hand; the bureau checks outward form only | None4 | Not required (Storage Act Art. 11)3 | Legal Affairs Bureau (original kept 50 years after death, image data 150 years)4 | ¥3,900 per will, one-off124 |
| Secret will (秘密証書遺言) | Testator (signed and sealed); notary records the submission | 1 notary plus 2 or more witnesses (Civil Code 970)2 | Required (1004(1)); sealed will opened only at the family court (1004(3))2 | The testator keeps the sealed will14 | ¥13,000 flat11 |
Special forms also exist for exceptional situations. A person in imminent danger of death from illness or another cause can make a 危急時遺言 (kikyūji igon, "emergency will") by stating its content orally to one of three or more witnesses present (Civil Code Article 976(1)).2
Notarial will (kōsei shōsho igon)
A 公正証書遺言 (kōsei shōsho igon, "notarial will") is made as a notarial deed. Two or more witnesses attend, the testator conveys the content orally to the notary, and the notary prepares the deed (Civil Code Article 969); a person who cannot speak may use an interpreter or writing instead (Article 969-2).2
The notary checks testamentary capacity and the validity of the content and advises on it, and can travel to a testator too ill to come to the office.4 Consultation with a notary is free (as of 2026-10-09).14 For foreign residents with Japanese assets, this is usually the most practical choice, because it is in Japanese, professionally checked, and exempt from the family-court inspection.
Holographic will (jihitsu shōsho igon)
A 自筆証書遺言 (jihitsu shōsho igon, "holographic will"; sometimes misread as "jippitsu") is handwritten by the testator, who writes the full text, date, and name and affixes a seal (Civil Code Article 968(1)).2 It needs no witnesses and costs nothing in official fees if kept privately.4
The trade-off is risk. The MOJ identifies loss, alteration, destruction, or concealment of a privately kept will; invalidity through formal defects; and heirs dividing the estate without knowing the will exists.4
Secret will (himitsu shōsho igon)
In a 秘密証書遺言 (himitsu shōsho igon, "secret will"), the testator signs and seals the document, seals it in an envelope with the same seal, and presents it to a notary and two or more witnesses, stating that it is their will and giving the writer's name and address. The notary records the date and the statement on the envelope, and all of them sign and seal it (Civil Code Article 970(1)).2
The notary fee is ¥13,000 flat (as of 2026-10-09).11 Because the content stays sealed, the notary never checks it, and the will still needs the family-court inspection, where it may be opened only in the presence of heirs or their representatives (Article 1004(1), (3)).2 For most foreign residents it combines the drawbacks of both other forms.
Making a notarial will
A notarial will is made at a 公証役場 (kōshō yakuba, "notary office") before a 公証人 (kōshōnin, "notary public").914 For the notary system itself, see Notary Public (Koshonin) in Japan.
Preparing: documents and the draft
The JNNA describes a five-step process, in which most of the drafting happens before the signing day.14
The JNNA's standard document list is below (as of 2026-10-09; confirm current requirements with the notary office you use).15
| Document | Purpose |
|---|---|
| Seal registration certificate (印鑑登録証明書) issued within 3 months, or government-issued photo ID such as a passport, driver's license, or My Number Card | Testator's identity |
| Koseki records showing the relationship between the testator and heirs | Identifying heirs |
| Recipient's residence certificate or address details | Gifts to people who are not heirs |
| Real estate registry certificate (登記事項証明書) and fixed-asset tax valuation certificate | Real estate |
| Passbook or copies | Bank accounts |
| Names, addresses, and dates of birth of the witnesses | Witnesses you supply yourself |
The JNNA list is written for Japanese testators. It does not mention foreign nationals, and the 在留カード (zairyū kādo, "residence card") is not among its named photo-ID examples (as of 2026-10-09).15 Ask the notary office in advance whether your residence card alone will do, and what it accepts in place of 戸籍 (koseki, "family register") records to show your relationship to your heirs.
You no longer need a seal for a notarial will. The MOJ states that the 2023 Notary Act amendment abolished the seal requirement for testators and others in notarial wills, and the JNNA's leaflet states that for deeds created as electronic data the requesting party signs electronically only, with no seal.1613
For procedures where a seal is still asked for, the Act on Signature and Seal by Foreigners lets a foreign national sign in place of a seal (Article 1).17 See Seal Registration (Inkan Toroku) Procedure and Signature Registration for Foreign Residents for the registration side.
Hiring a bengoshi or shihō-shoshi to help draft is optional. Many testators work directly with the notary.
The interpreter and two witnesses
Notarial deeds must be drawn up in Japanese (Notary Act Article 27).9 When the person requesting the deed does not understand Japanese, the notary must use an interpreter (Article 29).9 Only the Japanese deed is the will; any translation you keep for reference has no legal effect of its own.
Under the Notary Act, you, as the requesting party, select the interpreter and the witnesses (Article 35(1)), and a witness may also act as the interpreter (Article 35(2)).9 The JNNA states that the notary office can introduce witnesses if you have none.14
The Civil Code disqualifies these people from witnessing a will (Article 974):2
- minors;
- presumptive heirs, people receiving a bequest, and their spouses and lineal relatives;
- the notary's spouse, relatives within the fourth degree, clerks, and employees.
The Notary Act has its own witness disqualification list in Article 35(3), and that article contains no equivalent list for interpreters.9 Notary Act Article 31 allows the notary, on request and where appropriate, to have the interpreter and Notary Act witnesses take part by video and audio link.9 Whether that extends to the witnesses a will requires under the Civil Code is a separate question; confirm with the notary.
Notary fees and other costs
The notary fee is calculated separately for each beneficiary, according to the value that beneficiary receives, and the results are added together (as of 2026-10-09).11 The schedule below applies from 2025-10-01 under the Cabinet Order on Notary Fees (公証人手数料令); its rows are current as of 2026-10-09.1113
| Value received by each beneficiary | Fee | As of | Source |
|---|---|---|---|
| Up to ¥500,000 | ¥3,000 | 2026-10-09 | 1113 |
| Over ¥500,000 to ¥1M | ¥5,000 | 2026-10-09 | 1113 |
| Over ¥1M to ¥2M | ¥7,000 | 2026-10-09 | 1113 |
| Over ¥2M to ¥5M | ¥13,000 | 2026-10-09 | 1113 |
| Over ¥5M to ¥10M | ¥20,000 | 2026-10-09 | 1113 |
| Over ¥10M to ¥30M | ¥26,000 | 2026-10-09 | 1113 |
| Over ¥30M to ¥50M | ¥33,000 | 2026-10-09 | 1113 |
| Over ¥50M to ¥100M | ¥49,000 | 2026-10-09 | 1113 |
| Over ¥100M to ¥300M | ¥49,000 + ¥15,000 per additional ¥50M or part | 2026-10-09 | 1113 |
| Over ¥300M to ¥1B | ¥109,000 + ¥13,000 per additional ¥50M or part | 2026-10-09 | 1113 |
| Over ¥1B | ¥291,000 + ¥9,000 per additional ¥50M or part | 2026-10-09 | 1113 |
Other will-related charges are added on top (as of 2026-10-09).111314
| Item | Amount | As of | Source |
|---|---|---|---|
| Will surcharge (遺言加算, yuigon kasan) when the total value in one will is ¥100M or less | +¥13,000 | 2026-10-09 | 1113 |
| Value that cannot be calculated | Treated as ¥5M (fee ¥13,000) | 2026-10-09 | 13 |
| Paper copy of the deed | ¥300 per page | 2026-10-09 | 1113 |
| Copy as electronic data | ¥2,500 per copy | 2026-10-09 | 13 |
| Notary visit to a hospital or home | Base fee × 1.5, plus a daily allowance of ¥20,000 (¥10,000 up to 4 hours), plus actual travel costs | 2026-10-09 | 11 |
| Consultation | Free | 2026-10-09 | 14 |
The JNNA's own example: ¥60M to the spouse (fee ¥49,000) and ¥40M to the eldest son (fee ¥33,000) comes to ¥82,000; because the total is ¥100M or less, the ¥13,000 surcharge applies, for ¥95,000 plus copy fees (as of 2026-10-09).11 Applying the same table to a single beneficiary receiving ¥25M gives ¥26,000 plus the ¥13,000 surcharge, or ¥39,000 plus copy fees (as of 2026-10-09).11
Interpreter fees and any professional drafting fees are separate and are not set by the notary schedule. For how legal fees work in general, see The Legal Cost Framework in Japan.
Remote execution and digital notarial deeds
Since 2025-10-01, notarial deeds are in principle created and stored as electronic data, with paper used only where the law requires it or digital creation is difficult (Notary Act Article 36).139 The new procedures, email requests and web-conference signing, are available only at notary offices designated progressively from that date (as of 2026-10-09).13
Requests can be made by email with an electronic signature and electronic certificate, without visiting the office to verify identity.13 A deed can be created by web conference when all three conditions are met:13
- the requesting party or their agent asks for it;
- no other requesting party objects;
- the notary considers remote participation appropriate, judging how readily identity, true intention, and capacity can be confirmed remotely.
You need a PC able to join the web conference (smartphones and tablets cannot be used), a touch display or pen tablet with a stylus for the electronic signature, and an email address usable on that PC (as of 2026-10-09).13 On the day, the notary checks video and audio, identity, and intention, displays and reads the draft aloud, and emails a PDF; all attendees sign electronically, and the notary then signs to complete the original.13
Copies can be received on paper, by email or cloud download, or on your own USB stick.13 For a testator who is ill, the traditional option of a notary visit remains available for wills.13
The JNNA's published material on the web-conference method does not say whether a testator located outside Japan can use it.13 Do not plan to sign a notarial will from abroad without written confirmation from the notary office.
Writing a valid holographic will
A handwritten will costs nothing to make but fails on small formal errors. Each requirement below is a condition of validity.2
The formal requirements
Civil Code Article 968, in its current text, sets out the following:2
- Handwriting: you write the entire text, the date, and your name by hand, and affix a seal (968(1)).
- Asset list: an inventory of assets attached as part of the will need not be handwritten, but you must sign and seal every page of it, and both sides if non-handwritten entries appear on both sides (968(2)).
- Corrections: any addition, deletion, or other change, including to the inventory, takes effect only if you indicate where it is, note that it was changed, sign that note specifically, and affix a seal at the place of the change (968(3)).
The typed-inventory option applies to wills made from 2019-01-13; for wills made on or before 2019-01-12, the inventory must also be handwritten.4
Language, signature, and seal questions for foreign residents
Article 968 specifies handwriting, the date, the name, and a seal; it contains no language requirement.2 A shihō-shoshi writes that a will in English is valid if its content is sufficient to be judged a will.8
The MOJ's safekeeping system confirms this in practice: a handwritten will written in a foreign language is accepted, with a Japanese translation attached (as of 2026-10-09; confirm current requirements with the Ministry of Justice).4 Expect translation to be needed at every Japanese institution that handles the will.
The seal is less clear-cut. The Act on Signature and Seal by Foreigners provides that where a law requires a signature and a seal, a foreign national's signature is enough, and where only a seal is required, a signature can replace it (Article 1).17 No official source states whether this lets a foreign national leave the seal off a handwritten will.
The same shihō-shoshi describes a 1974 Supreme Court decision that upheld a handwritten will without a seal, which he attributes to the testator coming from a culture without seals; he adds that a Japanese testator's seal-less will would likely be held invalid.8 The decision text and the testator's background were not verified for this article, so treat it as commentary, not a settled rule.
Current law still lists the seal among the requirements of Article 968.2 Signing your name and also affixing a seal removes the question entirely, rather than leaving your heirs to argue that a signature should be enough. The MOJ's safekeeping guidebook accepts an 認印 (mitomein, "unregistered seal") but asks testators to avoid self-inking stamps (as of 2026-10-09).4
The seal requirement is due to become optional under a 2026 Civil Code amendment that is not yet in force; see Good to know below.16
Common defects that invalidate a holographic will
Because each element of Article 968 is a validity condition, the most direct defects are a missing or non-specific date and a body text that is typed rather than handwritten.2 A correction not made by the Article 968(3) method has no effect.2
A will written jointly by two people in one document is prohibited (Civil Code Article 975).2 A married couple needs two separate wills.
Describe assets precisely, for example using the descriptions in the real estate registry and full account details, so the executor and institutions can identify them. The safekeeping office checks only outward form and does not guarantee validity, and it will not answer questions about a will's content or how to write it.4
Storing your will safely
Where a will is kept decides whether it is found, whether it survives intact, and whether it needs the family-court inspection.4
Legal Affairs Bureau safekeeping for holographic wills
The 自筆証書遺言書保管制度 (jihitsu shōsho igonsho hokan seido, "Legal Affairs Bureau safekeeping system for holographic wills") began on 2020-07-10 under the Act on Storage of Wills in Legal Affairs Bureau.18 Only handwritten wills made under Civil Code Article 968 can be deposited.4
Apply in person at a designated 遺言書保管所 (igonsho hokansho, "will storage office"); applications by an agent or by post are not accepted, and you need government-issued photo ID.34 If you cannot attend because of illness, the system cannot be used, though a helper may accompany you.4
The competent office is one covering your address, your 本籍 (honseki, "registered domicile"), or the location of real estate you own (Storage Act Article 4).3 Foreign nationals have no 本籍 in Japan, so in practice the choice is the office for your address or for your property.34
Every procedure requires an advance appointment, made online at any hour or by phone or at the counter on weekdays 9:00–17:00; same-day appointments are not available (as of 2026-10-09; confirm current arrangements with the Ministry of Justice).4 The overall flow is short.
The bureau stores the original for 50 years after your death and the image data for 150 years (as of 2026-10-09).4 A safekept will does not need the family-court inspection (Storage Act Article 11).34
The will must also meet these format rules on top of the Civil Code (as of 2026-10-09):4
- A4 paper, written on one side only;
- margins of at least 5 mm at the top, 10 mm at the bottom, 20 mm on the left, and 5 mm on the right;
- a page number on every page when the will runs to two or more pages (a one-page will needs none);
- pages not bound together;
- patterned paper only if it does not impede reading, and no reliance on color, because certificates are printed in black and white.
Bring the following on the day (as of 2026-10-09):34
| Item | Notes |
|---|---|
| The handwritten will | Not sealed in an envelope (Storage Act Art. 4) |
| Application form | |
| Government-issued photo ID | Residence card (在留カード), passport, driver's license, My Number Card, and others |
| 住民票 (jūminhyō, "residence certificate") | Showing nationality (in place of 本籍 for foreign nationals) and the head-of-household name, without My Number or resident-code entries; original required |
| Japanese translation | Only if the will is in a foreign language |
| ¥3,900 in revenue stamps | Safekeeping fee |
The MOJ fee schedule is below (as of 2026-10-09).12419
| Procedure | Fee | As of |
|---|---|---|
| Safekeeping application | ¥3,900 per will (one-off, regardless of years kept) | 2026-10-09 |
| Viewing the will on a monitor | ¥1,400 per time | 2026-10-09 |
| Viewing the original | ¥1,700 per time | 2026-10-09 |
| Will information certificate (遺言書情報証明書) | ¥1,400 per copy | 2026-10-09 |
| Certificate of the fact of storage (遺言書保管事実証明書) | ¥800 per copy | 2026-10-09 |
| Withdrawal of safekeeping | No fee | 2026-10-09 |
Notifications after death
There are two notification mechanisms.420 Once one heir has viewed the will or obtained a will information certificate, the bureau notifies the other heirs and related persons. Separately, under the 指定者通知 (shiteisha tsūchi, "designated-person notification"), the bureau notifies people you named when it confirms your death.
You can name up to three people for the designated-person notification, a limit expanded from one on 2023-10-02 (as of 2026-10-09).214 A person named only as a notification recipient, who is not a legatee, executor, or presumptive heir, cannot view the will or obtain a will information certificate.4
If a legatee or executor has no address in Japan, the notice is sent abroad. In that case, write their names and addresses in the Latin alphabet in the 備考欄 (bikō-ran, "remarks field").4
The designated-person notification relies on death information from koseki (family register) departments.4 For a foreign-national testator, the MOJ sends it only after someone has already obtained a certificate of the fact of storage or a will information certificate, so the notice does not fire on its own.20 Make sure your family knows the will is in safekeeping.
Notarial originals and the will search system
The original notarial deed stays with the notary, and since 2025-10-01 it is in principle created and stored as electronic data.13
For notarial wills made since 1989, the JNNA keeps information on wills created at notary offices nationwide, searchable from any notary office through its 遺言検索システム (yuigon kensaku shisutemu, "will search system").22 Interested parties such as heirs may request a search only after the testator's death, bringing proof of the death, proof that they are an heir, and photo ID or seal documentation.22
Making sure your family can find every will
A privately kept handwritten will can be lost, altered, destroyed, or hidden, and heirs may divide the estate without knowing it exists.4 That risk is the main argument for safekeeping or a notarial will.
The MOJ recommends telling prospective heirs or legatees that the will is in safekeeping, for example by giving them a copy of the 保管証 (hokanshō, "safekeeping certificate").4 Any person may also ask the bureau for a certificate stating whether a relevant will is stored (Storage Act Article 10).3
If you hold more than one will, such as a Japan will and a home-country will, keep a list of where each is held and give it to your executor. For a foreign testator, given the notification rule above, telling family is the main safeguard.20
Executors (yuigon shikkōsha)
A 遺言執行者 (yuigon shikkōsha, also igon shikkōsha, "executor") carries out the will. The rules in this section describe Japanese law and apply when Japanese law governs the will's effect.2
Why naming an executor matters in Japan
An executor has the rights and duties to manage the estate and to do everything necessary to carry out the will (Civil Code Article 1012(1)).2 Where there is an executor, only the executor can perform bequests (Article 1012(2)).2
Heirs cannot dispose of estate property or otherwise obstruct the executor; such acts are void, though that cannot be asserted against a third party acting in good faith (Article 1013).2 Acts the executor performs within their authority, stating that they act as executor, take effect directly for the heirs (Article 1015).2
Executors have specific powers under a 特定財産承継遺言 (tokutei zaisan shōkei igon, "will clause passing a specific asset to a specific heir"):2
- they can take the steps needed for that heir to perfect the transfer against third parties, such as registration (Article 1014(2));
- if the asset is a bank or postal deposit, they can request withdrawal and, where the whole deposit is covered, cancellation of the account, unless the will says otherwise (Article 1014(3)–(4)).
In practice this lets one person deal with banks and the Legal Affairs Bureau without collecting cooperation from every heir, which matters most when heirs live abroad.
Who can serve and how to choose
Minors and bankrupts cannot be executors (Civil Code Article 1009).2 The article sets no nationality, residence, or professional condition, so a family member, a friend, or a professional can serve.2 The family court's executor-appointment page names no restriction on who may be put forward as a candidate (as of 2026-10-09; confirm current requirements with the Courts in Japan).23
Whether a non-resident foreign executor can act smoothly at Japanese banks and the Legal Affairs Bureau is an institution-side question, covered in Inheritance for Foreign Residents in Japan: Accounts, Property, and Heirs. An executor who reads Japanese and can attend Japanese offices in person avoids that question.
Executor duties and fees
Once the executor accepts, they must begin at once and notify the heirs of the will's content without delay (Civil Code Article 1007).2 They must also prepare an inventory of the estate without delay and deliver it to the heirs; if an heir asks, it must be prepared in that heir's presence or by a notary (Article 1011).2
If the will sets the executor's remuneration, that applies; otherwise the family court may set it based on the state of the estate and other circumstances (Article 1018(1)).2 Setting the fee in the will avoids a court application later.
When no executor is named
If there is no executor, or the named executor ceases to act, the family court may appoint one on application by an interested party (Civil Code Article 1010).2 Applicants include heirs, the deceased's creditors, and legatees, filing at the family court for the testator's last address with ¥800 in revenue stamps per will plus postage (as of 2026-10-09).23
The court asks for the application, proof of the testator's death in the form of koseki records, the candidate's residence certificate or 戸籍附票 (koseki fuhyō, "family-register address record"), a copy of the will or of the inspection certificate, and proof of the applicant's interest (as of 2026-10-09).23 The list assumes Japanese family records; what a foreign decedent's family submits instead is covered in the inheritance guide.
Coordinating a Japan will with a home-country will
Many foreign residents hold two wills: one for Japanese assets and one for everything else. How each country treats the other's will depends on nationality, so the principles below state the Japanese side only.
Scoping each will by asset location
When Japanese law governs, a will may revoke all or part of an earlier will (Civil Code Article 1022), and where an earlier and a later will conflict, the earlier one is deemed revoked to the extent of the conflict (Article 1023(1)).2 That is the legal reason to keep the two wills' scopes clearly separate.
Revocation is governed by the testator's national law at the time of revocation (Act on General Rules, Article 37(2)).1 Your home country's rules on conflicting wills may therefore apply as well.
A typical split limits the Japan will to assets located in Japan, defined concretely, for example deposits at Japanese banks, Japanese securities accounts, and real estate in Japan, and limits the home-country will to all other assets. A bengoshi can draft the definitions so they do not overlap.
Revocation clauses and accidental cancellation
Under Japanese law, you can revoke all or part of a will at any time by making a new will (Civil Code Article 1022).2 An earlier will is also deemed revoked to the extent it conflicts with a later will or with later lifetime dispositions, such as selling a bequeathed property (Article 1023).2 Intentionally destroying a will, or the bequeathed property, revokes the affected part (Article 1024).2
A revoking will is formally valid if it complies with any law under which the earlier will was formally valid (Form of Wills Act Article 3).5 A revocation made in one country's form can therefore reach a will made in the other.
Under Articles 1022 and 1023, a later will that says "I revoke all prior wills" can revoke the earlier will in the other country too.2 Draft each will's revocation clause to cover only wills dealing with its own assets.
Withdrawing a will from Legal Affairs Bureau safekeeping does not revoke it.19 The deposit simply ends and the will is returned to you.
Will a Japanese will be recognized in your home country
If your home country is a party to the 1961 Hague Convention, its courts apply the same alternative connecting factors, so a will made in Japanese form in Japan is formally valid there under the law of the place where it was made.6 Check your country's party status on the HCCH status table.7
Outside the Convention, recognition depends entirely on your home country's rules. In either case, a notarial will is a Japanese-language deed (Notary Act Article 27), so using it abroad will require translation.9 For authentication, see Apostille and Hague Convention Authentication and MOFA Apostille Procedure Step by Step.
After the testator dies: how the will is used
Finding the will and, where required, having it inspected are the will's last steps. Everything after that is the inheritance process.
Finding the will
Heirs and other interested parties can search for notarial wills made from 1989 onward at any notary office, and the search is free (as of 2026-10-09; confirm current details with the Japan National Notaries Association).22
For Legal Affairs Bureau safekeeping, any person may request a certificate of whether a will is stored (Storage Act Article 10), and heirs, legatees, executors, and others may request a will information certificate after the death (Article 9).3 A safekept will can be viewed on a monitor at any will storage office nationwide.4
Heirs should also search the deceased's papers for a privately kept will, and check any home-country records where the deceased may have made a will.
Family court inspection (kennin)
The 検認 (kennin, "family-court inspection") informs heirs of a will and its content and records its condition (shape, additions and deletions, date, signature) as of the inspection date, to prevent forgery.24 It does not decide whether the will is valid, and it is not the equivalent of a common-law grant of probate.24
Whoever holds the will, or the heir who finds it, must submit it to the family court without delay after learning of the death (Civil Code Article 1004(1)).2 Which wills need it is set out below.23
File at the family court for the testator's last address, with ¥800 in revenue stamps per will plus postage that varies by court (as of 2026-10-09).24 The court lists the testator's koseki records from birth to death and all heirs' koseki records among the documents (as of 2026-10-09).24 Foreign nationals have no koseki, so the family will need substitute records; see the inheritance guide.4
A sealed will may be opened only at the family court in the presence of heirs or their representatives (Civil Code Article 1004(3)).2 Failing to submit a will, carrying it out without inspection, or opening it outside the court can bring a 過料 (karyō, "non-penal administrative fine") of up to ¥50,000 (Article 1005).2
Handing off to the inheritance process
Once the will is in hand, the executor or heirs move on to banks, property registration, and tax. Those steps are covered in Inheritance for Foreign Residents in Japan: Accounts, Property, and Heirs, When a Foreign Resident Dies in Japan: The First 14 Days, and After-Death Procedures in Japan: The Administrative Checklist.
Getting professional help
The MOJ will not advise on a will's content or which will type to choose; its safekeeping guidebook points readers to Hōterasu (the Japan Legal Support Center), the bengoshi, shihō-shoshi, and zeirishi federations, and the JNNA.4 See Hoterasu: The Legal-Aid Center and Finding a Bilingual Practitioner in Japan.
Unless another law provides otherwise, only bengoshi and bengoshi corporations may, for a fee and as a business, give legal opinions or represent clients in legal matters (Attorney Act Article 72).25 Governing-law analysis, cross-border coordination, and disputes belong with a bengoshi.
A 行政書士 (gyōseishoshi, "administrative scrivener") prepares documents for submission to government offices and documents concerning rights and obligations (Gyōseishoshi Act Article 1-3(1)), but not where other laws restrict that work (Article 1-3(2)).26 A gyōseishoshi can support the drafting of will documents but cannot give legal advice.
Any eligible adult, professional or not, can serve as executor.2 For a comparison of the professions, see Bengoshi, Gyoseishoshi, Shiho-shoshi, and Zeirishi: Who Does What.
Good to know
A bequest to a partner can still be cut back by reserved shares
Where Japanese law governs succession, a will leaving everything to an unmarried partner remains exposed to reserved-share claims by a spouse, children, or parents; siblings have none (Civil Code Articles 1042, 1046).2 The claim is for money, not the asset itself, and lapses one year after the holder learns of the succession and the bequest, or ten years after the death (Article 1048).2
Size the bequest with that exposure in mind. Under a foreign national law the answer can be different.1
Joint wills are void in Japan
Two or more people cannot make a will in one document under Japanese law (Civil Code Article 975).2 Couples used to mirror or joint wills at home need two separate wills here.
A joint will made abroad is a harder case. The Form of Wills Act applies its alternative connecting factors to the form of wills made by two or more people in one document (Article 4), so such a will may be treated as valid in form if it complies with one of the listed laws.56 Whether Japan's ban is a rule of form or of substance is not settled by official sources, so anyone relying on a foreign joint will should ask a bengoshi.
Digital wills and the end of the seal requirement are coming, not here
The Act Partially Amending the Civil Code, etc. (Act No. 45 of 2026) was enacted on 2026-06-17 and promulgated on 2026-06-24.2716 It creates a new 保管証書遺言 (hokan shōsho igon, "custody-certificate will"), made on a PC or similar device and deposited at the Legal Affairs Bureau, with the testator stating the full text orally and the bureau verifying identity; it needs no family-court inspection (new Civil Code Articles 968-2 and 968-3).16
The same Act makes the seal optional for handwritten wills, secret wills, and special-form wills, including corrections, and extends witness disqualification to employees of a legatee.16 The seal and related changes take effect on a date set by Cabinet Order within one year of promulgation, so by 2027-06-24 at the latest, and the digital will within three years.2716
No Cabinet Order fixing either date had been issued (as of 2026-10-09; confirm current status with the Ministry of Justice).27 Nothing in the MOJ summary suggests that wills made under the current rules lose validity when the changes take effect.16
Leaving Japan does not cancel a Japanese will
A will that was valid in Japanese form when made stays formally valid after you move abroad, because the law of the place where it was made remains one of the qualifying laws (Form of Wills Act Article 2).5 Review it if you sell or move the Japanese assets it covers.
To withdraw a will from safekeeping, you must go in person to the office holding the original, by appointment; there is no fee (Storage Act Article 8).319 Plan that before departure if you want the original back, and remember that withdrawal does not revoke the will.19
A will does not reach everything
When Japanese law governs, the Supreme Court has held that a life-insurance death benefit payable to a named heir belongs to that beneficiary as their own right and is not part of the estate; only where the resulting unfairness among co-heirs is striking is it brought into account.28 Name beneficiaries directly on each policy rather than relying on the will. For pension-related payments to survivors, see Lump-Sum Withdrawal: Survivors, Disability, and Edge Cases.
Update the will after a life change
Succession follows your national law at death (Article 36), so naturalizing as a Japanese citizen brings your succession under Japanese law, including reserved shares.1 A will made before naturalization keeps its original governing law for formation and effect (Article 37), so review it after naturalizing.1
Other life changes matter too. A later inconsistent will, or a lifetime act such as selling a bequeathed property, revokes the earlier will to that extent (Civil Code Article 1023), so revisit the will after marriage, divorce, a birth, or a property sale.2
See also
- Koseki: Japan's Family Register Explained
- Jūminhyō: Japan's Residence Record Explained
- Residence Card: Japan's Foreign-Resident ID
- Dual Nationality and Japan: The Legal Reality
- Naturalization in Japan: Becoming a Japanese Citizen
- Can Foreigners Buy Property in Japan?