Creating a Will in Japan

Wills are an important aspect of end-of-life planning that’s not covered deeply in the Ending Note, but will impact your estate.

Inheritance law in brief

I am NOT a lawyer. This is my layman’s understanding of the Japanese inheritance law. Please consult professionals.

Foreign vs domestic rules

International residents don’t fall directly under Japanese inheritance laws. But many of us still end up under them.

When international residents die here, Japan looks to their homeland’s inheritance laws. If the country says “use the law of domicile” or “use the law where the property is located” then Japanese law applies.

In practice, most inheritance laws worldwide focus on domicile so the parts of the estate located in Japan (real estate, bank accounts, personal property), fall under Japanese inheritance laws.

What is your estate?

Your assets + your debts = your estate.

In Japan, your heirs directly inherit both. They become personally responsible for your loans and other financial obligations. This is why there is legal recourse to renounce inheritance.

Meanwhile in America, the UK, Australia, Canada and other countries, your debts are paid from your assets and heirs receive the remainder.

Division of the estate

Many, many of my Japanese friends do not have wills; they are relying on the law to divide their estate, which is the normal way of things. There is an order of inheritance that works fine for typical families:

BUT, if you want to leave your spouse 100% instead of 50%, cut off a scofflaw daughter, give your estate to charity, or any other variation from the above order, then you need a will.

Types of Wills in Japan

Handwritten. You write your will on paper, date it, and sign it. It can be in your native language. It needs to be specific about the assets you are giving – official numbers of the real estate parcels, serial numbers on any valuables, etc. Your Ending Note and Conspectus will be helpful.

Pros: It costs nothing to create and can be done anytime.
Cons: Might be lost/overlooked. Has to go through probate.
Cost: Free

Handwritten with official registration. As above, you write your will by hand, sticking to some required formatting rules, then file it at the Legal Affairs Bureau. This puts it into the official record and avoids probate.

Pros: Ease, cost, and validity. No witnesses required.
Cons: Needs to follow formatting guidelines. Not free.
Cost: 3900 yen

Notarized. This is prepared with professional assistance and finalised by a notary who reads it aloud in front of you and two witnesses before the will is signed and filed.

Pros: No question of validity; officially filed and can’t be lost
Cons: No DIY templates; can be expensive
Cost: depends on your assets; see below

Secret. This is a handwritten will, sealed, which is put on file in the presence of witnesses. The contents are not disclosed to anyone.

Pros: Your wishes stay secret; filed for official retrieval
Cons: Potential drama. Will need to go through probate
Cost: Notary fee of 11,000 yen + witness fees

Costs for Notarised Wills

Notarised wills are expensive because they use the help of a range of professionals.

Scriveners prepare your documents. You can choose either an administrative scrivener 行政書士 or a judicial scrivener 司法書士to draft your will before sending it to the notary. They set their own fees, so get a few quotes.

For reference, my administrative scrivener charged 5000 yen/hour which included formatting the asset list, drafting the will, translating it to English, chasing up details, interfacing with the notary, and consulting a lawyer about an unclear point.

Lawyers 弁護士 may be more effective than scriveners if your situation is complex and requires legal consultation across borders. Fees are set by the firm.

Notary 公証人 is the registered official who reads, verifies, signs and files your will. Fees are set nationwide for estates up to 100 million yen. The base notary fee is 11,000 yen with an additional amount depending on your assets. An estate of 100 million yen will cost 54,000 yen. For an estate over 100 million, the notary sets the fee.

Additional fees are charged for interpreters, witness (if you don’t bring your own) certified copies of the will, notarized affidavits, translations, etc.

Do you even need a will?

I can only say it is your personal decision.

My decision was notarised wills for myself and for my husband. Here’s why:

1. In general, wills allows us to bypass the Japanese division of inheritance;
2. the notarised will means there is a professional on this side of the ocean that our family can reach out to;
3. there will be no probate or complications.
4. Our administrative scrivener, Ayumi Mitake from Mitake Gyosei, guided us through a system we don’t fully understand and didn’t want to research deeply;
5. she will also act as executor when needed;
6. and as a feel-good point, she is a colleague from years ago when we were both circus/dance performers. I was happy to reconnect and employ her in this new role.
7. The process allowed me to call on my neighbors for help as witnesses. Now we have a deeper bond of trust and friendship. More feel-good points!
8. Last but not least, no way would I have been able to persuade my sweetheart to handwrite a will. Not arguing over it is also a feel-good point.

For a wonderfully entertaining look into wills and inheritance in Japan, I recommend the short stories of “Wm. Penn” in Inheriting the Japanese Way

For my personal perspective into the process and the experience of visiting the notary: My Will Be Done

Whatever route you choose for your will, you’ve got this. Take care.