When it comes to a will in Japan, there are in virtually two kinds of ways: a holographic will and a notarized will.
First, a holographic will is, generally speaking, a handwritten will signed by a testator. This type of a will is very popular among specifically laypersons because of convenience and low cost. Furthermore, on January 13th 2019, the procedure related to a holographic will was dramatically revised. The significant difference before and after the change is an inventory of property as the attached document of the will. Since 2019, instead of a handwritten inventory, the description of a banking account and real estate has been able to be replaced with a copy of the passbook and a registration record of real estate as alternatives. Except this drastic amendment, the underlying rule that a testator signs and affixes the (registered) seal remains.
From the shortcoming perspective, probate procedure is in principle required. However, in accordance with Act on Storage of Wills in Legal Affairs Bureau come into force on July 10th 2020, such holographic will registered in a will storage office is excepted.
Second, a notarized will is one of the official documents made by a notary, who confirms the contents of a will and an identification of a testator firsthand before two non-interested witnesses. At that time, the notary must determine whether the testator is of sound and disposing mind and acting free from undue influence and duress.
The outstanding difference between a holographic will and a notarized will is if the said probate is necessary or not.
As mentioned above, a notarized will is certificated by not only a notary but also two witnesses, with the result that such probate system is not applied to this kind of will, whereas as a holographic will is generally not certificated by any persons, probate is obligated.
If a person with non-Japanese nationality having properties in Japan, we recommend that he/she make a notarized will at the notary public office in Japan.
Even though foreign nationals who feel difficulties in reading and speaking Japanese language, we will support them.
