Notarized Will in Japan — Complete Guide to the Process, Witness Requirements, Costs, and Comparison With Holographic Wills

A notarized will (公正証書遺言, kōsei shōsho yuigon) is a will prepared by a public notary and is the most legally secure form of will available in Japan. The testator dictates the contents, and the notary formulates the document in legally precise language. Unlike a self-written holographic will, a notarized will does not require probate by the family court, and the risk of loss, forgery, or concealment is eliminated because the original is held in perpetuity at the notary's office.

Why Notarized Wills Are Preferred

• High legal validity: Prepared and verified by a qualified notary — the risk of invalidity due to a formal defect is extremely low.
• No family court probate required: Holographic wills must undergo a probate (検認) process at the family court after the testator's death. A notarized will can be executed directly.
• Original stored at the notary's office permanently: No risk of the will being lost, damaged, altered, or hidden. A certified copy can be obtained from the notary's office even after the testator's death.
• Rigorous identity verification: The notary confirms the testator's identity and mental capacity, making it much harder for the will to be challenged on the grounds of diminished capacity.

How to Create a Notarized Will

• ① Organize the contents and draft the will
  Decide specifically who is to receive what, and in what manner. Having an administrative scrivener or judicial scrivener prepare the draft allows you to receive advice on matters such as statutory shares (遺留分), distribution methods, and the appointment of an executor.
• ② Secure two witnesses
  A notarized will requires the presence of two witnesses (Civil Code Article 969). The following persons may NOT serve as witnesses: minors; presumptive heirs; beneficiaries under the will (and their spouses and lineal relatives); and the notary's spouse, relatives within the 4th degree of kinship, employees, and clerks. Administrative scriveners, judicial scriveners, and attorneys can typically arrange witnesses.
• ③ Collect required documents
  · Testator's seal registration certificate (within 3 months)
  · Testator's family register (to confirm heirs)
  · Property register and fixed asset tax certificate for real estate to be bequeathed
  · Family register or residence certificate of each heir
  · For legatees who are not heirs: proof of address
  · Name, address, and date of birth of each of the two witnesses
• ④ Attend the notary's office for execution
  After a preliminary review with the notary, the testator, two witnesses, and the notary meet at the notary's office. The testator orally confirms the contents, then signs and seals the document. If the testator is physically unable to travel, the notary can visit the home or hospital (additional fees apply).

Estimated Costs

Notarized Will vs. Holographic Will

• Notarized will: Involves cost and requires two witnesses; more preparation needed — but high reliability and security.
• Holographic will: No cost; written alone — but risk of invalidity for formal defects; risk of loss, alteration, or concealment; family court probate required. (The Legal Affairs Bureau Self-Written Will Storage System eliminates the probate requirement, but does not review legal validity.)

If your estate is substantial, there is concern about disputes among heirs, or you want your wishes carried out promptly, a notarized will is strongly recommended.

How Sakura Central Legal Office Can Help

We draft the will contents, collect required documents, coordinate with the notary's office, and arrange witnesses — all as a single integrated service. Whether you want to prevent family disputes over your estate or ensure a specific person inherits specific assets, please contact us for a free initial consultation.