Making a Will in Japan: Are Holographic Wills Now Easier and More Secure with Recent Legal Changes?

Japanese Attorney at Law - Bengoshi L.L.

• 8 min read

For individuals undertaking estate planning in Japan, several methods of creating a legally valid will have traditionally been available. Among these, the holographic will (自筆証書遺言 - jihitsu shōsho igon), entirely handwritten by the testator, has been recognized for its simplicity and privacy. However, this form of will also came with stringent formal requirements and inherent risks concerning its preservation and discovery. Recognizing these challenges, Japan has recently implemented significant legal reforms aimed at making holographic wills both more user-friendly to create and more secure after their creation.

Holographic Wills in Japan: The Traditional Framework

Under Article 968, Paragraph 1 of the Japanese Civil Code, the traditional requirements for a valid holographic will were exacting:

  • The entire text of the will, including the dispositive provisions, had to be handwritten by the testator themselves. The rationale was that the testator's handwriting served as a key element for verifying authenticity and ensuring the document genuinely reflected their intentions. While carbon copies made by the testator were deemed acceptable (Supreme Court, October 19, 1993), any use of a typewriter or computer, even for a portion of the will, would typically render the entire document invalid.
  • The date of execution (year, month, and day) also had to be handwritten by the testator.
  • The testator's name had to be handwritten (i.e., a personal signature).
  • Finally, the testator was required to affix their personal seal (印鑑 - inkan) to the document.

While seemingly straightforward, these requirements posed several challenges:

  • Burden of Handwriting: For testators with numerous or complex assets, handwriting extensive property lists could be a significant burden, increasing the risk of errors or omissions.
  • Risk of Invalidity: Minor deviations from the strict formal requirements could lead to the will being declared invalid. For instance, alterations or corrections to a holographic will had to follow a very specific handwritten procedure involving indications, notations of the change, a signature, and sealing at the point of alteration (under former Article 968, Paragraph 2). Failure to adhere to this could render the changes ineffective.
  • Security and Discovery Issues: Once created, holographic wills were typically kept by the testator themselves or entrusted to a family member or advisor. This exposed them to risks of being lost, accidentally destroyed, concealed by an interested party, or altered after the testator's death. There was no guarantee that the will would be found in a timely manner, or at all.
  • Probate (検認 - Ken'nin) Requirement: Self-kept holographic wills (and secret certificate wills) were, and still are if not using the new custody system, subject to a probate process conducted by the Family Court after the testator's death (Civil Code Article 1004). While ken'nin is primarily a procedure to preserve the will's condition and formally notify heirs of its existence and contents, rather than a judgment on its ultimate validity, it involves court filings and appearances, adding a layer of administrative burden and potential delay for the heirs.

Key Change 1: Easing Formalities for Property Inventories (Amended Civil Code Article 968, Paragraph 2)

A significant step towards making holographic wills more practical was the amendment to Civil Code Article 968, Paragraph 2, which came into effect on January 13, 2019. This amendment specifically addresses the creation of property inventories (財産目録 - zaisan mokuroku) that often accompany a will.

The new rule stipulates:
Property inventories attached to a holographic will no longer need to be handwritten by the testator.

  • Acceptable Formats: Testators can now utilize typed lists, computer printouts, or even append photocopies of relevant documents, such as bank passbook pages, real estate registration information certificates, or securities account statements, as their property inventory. This allows for greater accuracy, detail, and ease, especially for those with extensive or complex asset portfolios, or those who find extensive handwriting physically challenging.
  • Crucial Requirement for Non-Handwritten Inventories: While the inventory itself can be non-handwritten, the testator must personally sign and affix their seal to each page of any such non-handwritten inventory (or on both sides if content appears on both sides of a sheet). This requirement serves to authenticate these non-handwritten portions and confirm the testator's approval of their contents.
  • Main Text Remains Handwritten: It is vital to remember that the core dispositive part of the will—i.e., the statements detailing who inherits what, the date of the will, and the testator's name—must still be entirely handwritten by the testator and include their seal as per Article 968, Paragraph 1. The relaxation only applies to the appended property inventory.
  • Integration: The non-handwritten inventory must be clearly connected and integrated with the handwritten portion of the will, for example, by being physically attached or explicitly referenced in the handwritten text.
  • Partial Invalidity: If a testator fails to sign and seal a particular page of a non-handwritten inventory, the prevailing interpretation is that only the dispositions detailed on that specific non-compliant page would be at risk of being deemed invalid, rather than the entire will, provided the core handwritten part of the will is itself valid.

This change significantly reduces the burden of creating comprehensive holographic wills and minimizes the risk of errors that could arise from transcribing detailed financial or property information by hand.

Key Change 2: The New Official Custody System for Holographic Wills (Act on Custody of Holographic Wills, etc.)

Perhaps the most transformative development is the establishment of a new official system for the custody of holographic wills, implemented under the "Act on Custody of Holographic Wills, etc." (法務局における遺言書の保管等に関する法律 - Hōmukyoku ni okeru Igonsho no Hokan tō ni kansuru Hōritsu), which became effective on July 10, 2020.

Purpose of the Custody System:
This system was created to directly address the long-standing vulnerabilities associated with self-kept holographic wills, namely:

  • Loss or accidental destruction.
  • Failure to be discovered after the testator's death.
  • Risk of forgery, alteration, or concealment by interested parties.

How the Custody System Works:

  • Custodian Body: Designated Legal Affairs Bureaus (法務局 - Hōmukyoku) now function as "Will Custody Offices" (遺言書保管所 - igonsho hokansho). These are national government offices, providing a high degree of reliability and security.
  • Application by the Testator:
    • The testator must personally apply for the custody of their holographic will at a designated Will Custody Office. Proxies are not permitted. The office can be chosen based on the testator's domicile, registered family seat (honseki), or the location of any real property they own in Japan.
    • The will must be submitted unsealed. This is because the Will Custody Officer (遺言書保管官 - igonsho hokank_an_) needs to perform an external check of the will's compliance with legal formalities and to digitize the document.
    • The testator's identity is verified through official documents.
    • The Will Custody Officer conducts an external review of the will's formalities. This includes checking that the main text, date, and signature are handwritten, that the testator's seal is present, and, if a non-handwritten property inventory is attached, that each page of that inventory is signed and sealed by the testator. It is important to understand that this is not an adjudication of the will's substantive validity (e.g., testamentary capacity, freedom from undue influence, or clarity of provisions). Those matters can still be subject to later court challenge.
    • A fee is payable for the custody service.
  • Secure Storage and Information Management:
    • The original holographic will is securely stored at the Will Custody Office.
    • A digital image of the will and related information (such as the testator's details, the date of deposit, a unique storage number, and, if mentioned in the will, the names of beneficiaries and any designated will executor) are recorded in a centralized, national "Will Custody File" (遺言書保管ファイル - igonsho hokan fairu). This digital backup helps prevent data loss and allows for the issuance of certified copies.
  • Major Advantages for Heirs and the Estate Process:
    1. No Family Court Probate (Ken'nin) Required: This is arguably the most significant practical benefit. Holographic wills deposited under this official custody system are exempt from the otherwise mandatory Family Court ken'nin procedure (Article 11 of the Custody Act). This saves heirs considerable time, effort, and the procedural steps involved in petitioning the Family Court.
    2. Greatly Reduced Risk: The system drastically minimizes the risks of the will being lost, accidentally destroyed, tampered with, or concealed after the testator's death.
    3. Enhanced Discovery by Heirs: After the testator's passing, their heirs, beneficiaries, and other designated interested parties can formally inquire at any designated Legal Affairs Bureau to determine if the deceased had a will stored anywhere within the national system by requesting a "Certificate of Will Custody Fact" (遺言書保管事実証明書 - igonsho hokan jijitsu shōmeisho).
    4. Notification to All Relevant Parties: When an authorized person (like an heir) views the will or obtains a certificate of its contents after the testator's death, the Will Custody Office is obligated to notify all other known heirs, beneficiaries named in the will, and any designated will executors that a will by the deceased is being held in custody. This promotes transparency and ensures that all interested parties are made aware of the will's existence.
  • Accessing Will Information After Death:
    • Authorized individuals can request a "Certificate of Will Custody Information" (遺言書情報証明書 - igonsho jōhō shōmeisho), which is essentially a certified copy of the stored will data, including its digital image.
    • They can also request to view the digital image of the will at any designated Will Custody Office, or view the physical original at the specific office where it is stored.
  • Testator's Rights During Their Lifetime:
    • The testator can request to view their own stored will at any time.
    • The testator can withdraw their application for custody and retrieve their original will at any time. If the will is withdrawn from custody, its record in the system is erased. It is important to note that withdrawing the will from custody does not automatically revoke the will itself; revocation must be done through a separate legally compliant act (e.g., creating a new, conflicting will, or intentional destruction with revocatory intent as per Civil Code Article 1022 et seq.).

Holographic Wills: A More Viable Option

The combination of relaxed formalities for property inventories and the robust official custody system makes holographic wills a significantly more practical and reliable estate planning instrument in Japan. The reduced burden of creation, particularly for those with many assets or difficulty with extensive writing, coupled with the enhanced security against loss or tampering and the elimination of the ken'nin requirement for stored wills, addresses many of the traditional drawbacks.

Continuing Considerations

Despite these positive changes, some points remain important:

  • The core dispositive provisions of the will, the date, and the testator's signature must still be entirely handwritten and personally sealed by the testator.
  • The external formalities check by the Will Custody Officer is not a guarantee of the will's substantive validity. Issues such as the testator's mental capacity at the time of writing, or claims of undue influence, can still be raised and challenged in court after the testator's death.
  • Notarized wills (公正証書遺言 - kōsei shōsho igon) continue to be a strong alternative. A notarized will is prepared with the involvement of a notary public, who verifies the testator's identity and capacity and ensures the will's content is clear and legally sound from the outset. Notarized wills also do not require ken'nin. One might still prefer a notarized will if there are concerns about potential challenges to testamentary capacity, if the testator is physically unable to write even the core text, or if they desire the notary's active guidance in formulating the will's provisions.
  • Amendments to Stored Wills: If a testator wishes to change a will already in custody, they would typically need to withdraw the existing will and either create and deposit an entirely new one, or create a new will that explicitly amends or revokes the previous one and then deposit the new will (or both, if the first is not fully revoked).

Conclusion

The recent reforms concerning holographic wills in Japan represent a significant step forward in making this form of estate planning more accessible, manageable, and secure. The easing of handwriting requirements for property lists lowers the barrier to creation, while the official custody system provides a reliable mechanism for preservation, discovery, and importantly, bypassing the Family Court probate (ken'nin) process. These changes collectively enhance the utility of holographic wills, offering individuals a more robust and less burdensome option for dictating the distribution of their assets.