There are three main types of wills in Japan: notarized wills (公正証書遺言), holographic wills (自筆証書遺言), and secret wills (秘密証書遺言). The holographic will — entirely handwritten by the testator — is the most accessible option because it requires no notary fees. However, strict formal requirements must be met; a single omission renders the will void. Additionally, Japan's Act on Storage of Wills at the Legal Affairs Bureau (effective July 2020) introduced an official government storage system for holographic wills. This article explains how to write a valid holographic will, the storage system, and key pitfalls to avoid.
What is a Holographic Will?
· The entire text, date, and name must be handwritten by the testator, and the document must bear the testator's seal (hanko) (Civil Code Article 968).
· No fees, no witnesses required; can be revoked or modified at any time.
· However, failure to meet even one formal requirement renders the will void.
· Schedules of assets only may be typed or include copies of bank statements (each page must be signed and sealed).
How to Write a Valid Holographic Will (Mandatory Requirements)
-
Write the entire text by hand
The body of the will must be fully handwritten. Text typed on a computer or word processor is invalid (asset schedules excepted). -
State the exact date
Write the date as "Year X, Month X, Day X" (e.g., "1st July 2026"). Vague expressions such as "an auspicious day in July" are invalid. -
Sign your full legal name by hand
Write your name as it appears in the family registry (koseki). Pen names or nicknames are generally not accepted. -
Affix your seal
A registered seal is preferred, but an unregistered seal or even a thumbprint is valid. Sealing is mandatory. -
Follow prescribed correction procedures
Corrections must follow specific procedures (cross out the text with two lines, note the correction in the margin, add a signature, and press the seal next to the correction). Correction fluid and correction tape are not permitted.
Legal Affairs Bureau Will Storage System
The Legal Affairs Bureau will storage system, in effect since July 10, 2020, offers significant benefits:
-
Prevents loss, concealment, or forgery
Wills kept at home risk being lost, hidden, or tampered with. Government storage eliminates these risks. -
No probate proceeding required
Holographic wills are normally subject to a family court "probate" (kensho) proceeding to notify heirs and confirm the will's existence. Wills stored at the Legal Affairs Bureau are exempt from this requirement. -
Basic formality check at submission
The Legal Affairs Bureau checks basic formal requirements (handwriting, date, name, seal) at the time of the application. Note, however, that the legal validity of the will's content is not reviewed.
How to Apply for Legal Affairs Bureau Storage
-
Where to apply
The Legal Affairs Bureau (designated will storage office) having jurisdiction over the testator's address, domicile (honseki), or the location of owned real property. -
How to apply
The testator must appear in person (no proxy applications). An advance appointment is required. -
Required documents and fee
Application form, the will itself (written on paper conforming to the Ministry of Justice's specified format), and identity document (driver's license, My Number card, etc.). Fee: ¥3,900 per will (revenue stamps). -
Format requirements for the will
Wills intended for Legal Affairs Bureau storage must be written on paper meeting specified dimensions and margin requirements (A4 size; top margin ≥ 5 mm; left and right margins ≥ 10 mm each; bottom margin ≥ 5 mm; etc.).
Holographic Will vs. Notarized Will: Comparison
- Cost: Holographic will — only the ¥3,900 storage fee. Notarized will — notary fees ranging from tens of thousands to over ¥100,000 depending on total estate value.
- Witnesses: Holographic will — none required. Notarized will — 2 witnesses required.
- Reliability: Notarized wills are drafted with a notary and carry low risk of invalidity. Holographic wills can be voided if formalities are not precisely observed.
- Probate: Holographic wills (not stored at the Legal Affairs Bureau) require family court probate. Bureau-stored holographic wills and notarized wills do not.
Contact Sakura Central Legal Office
Whether you want to have a handwritten will checked for validity, get help with the Legal Affairs Bureau storage application, or need advice on whether a holographic or notarized will is right for your situation, Sakura Central Legal Office can help. We provide will content review, Legal Affairs Bureau storage support, and notarized will preparation assistance. Free initial consultation available.
For holographic will content review, Legal Affairs Bureau storage support, and notarized will preparation, contact Sakura Central Legal Office.
Free initial consultation.