Civil Code

a person who forges, alters, destroys, or conceals the will of the decedent as regards succession, or a person who fraudulently makes, destroys, or conceals an electronic or magnetic record recorded by a method prescribed in Article 976-2, paragraph (1) or in the items of Article 979-2, paragraph (1).

To make a will in the form of a holographic instrument, the testator must write the entire text, the date, and the testator's full name in the testator's own hand, and affix the testator's seal thereto.

Notwithstanding the preceding paragraph, if a list of all or part of the estate (including the rights prescribed in Article 997, paragraph (1) in the case prescribed in that paragraph) is attached to a holographic instrument as an integral part of it, the list need not be written in the testator's own hand. In this case, the testator must sign and affix the testator's seal on every sheet of the list (or, if there is writing not in the testator's own hand on both sides of a sheet, on both sides).

An insertion, deletion, or any other alteration to a holographic instrument (including the list referred to in the preceding paragraph) is not valid unless the testator specifically signs a supplementary note disclosing the location of the alteration and indicating that it has been made, and also affixes the testator's seal to the place that has been altered.

the testator signs and affixes the testator's seal to the instrument;

the testator closes and seals the instrument and affixes a seal over the closure using the same seal as that which was used on the instrument;

after the notary writes the date on which the instrument was presented and the statement of the testator upon the closed and sealed instrument, the notary affixes a seal to it and, together with the testator and the witnesses, signsigns it and affix their seals thereto.

The doctors present during the making of a will must make a supplemental note (excluding a will in the form of a storage instrument or sealed and notarized instrument) must, after writing or recording on the will indicating an indication that the testator did not lack , due to mental reasons, the capacity to appreciate the situation at hand at the time of making the will, and must sign it and affix their seals thereto; provided, however, that foror take a will in the formmeasure specified by Ministry of a sealed and notarized instrument, the doctors must write an indication to that effect on the closed and sealed instrument, sign it, and affix their seals theretoJustice Order as a substitute for signing.

The doctors present during the making of a will in the form of a storage instrument must state the indication prescribed in the preceding paragraph to the will storage officer.

The doctors present during the making of a will in the form of a sealed and notarized instrument must write an indication to the effect prescribed in paragraph (2) on the closed and sealed instrument and sign it.

a presumptive heir or legatee, or the spouse or lineal relative of eitherthe presumptive heir; or

a legatee (excluding a person who is a presumptive heir), or the spouse, lineal relative within four degrees, secretary, or employee or employee of the legatee (if the legatee is a juridical person, the employees and officers of the notary.legatee); or

the spouse, relative within four degrees, secretary, or employee of the notary.

If a person who is rapidly approaching death due to illness or any other reason seeks to make a will, that person may do so in the presence of not less than three witnesses by giving oral instructions as to the tenor of the person's will to one of the witnesses. The person receiving the oral instructions in such a case must transcribe them and read back the transcription for the testator and other witnesses to hear or have them inspect it, and then sign the transcription and affix the person's own seal thereto after each of the witnesses has confirmed its accuracy.

Notwithstanding the provisions of paragraph (1) of the preceding Article, if the circumstances prescribed in the following items are recorded by a method of simultaneously making an audio recording and a video recording, the person rapidly approaching death as prescribed in that paragraph may make a will in the presence of at least one witness.

the testator gives oral instructions as to the tenor of the will to one of the witnesses;

the witness who received the oral instructions referred to in the preceding item writes the tenor of the will and the witness's full name in a document or records them in an electronic or magnetic record;

the witness referred to in the preceding item reads back to the testator, or has the testator inspect, the document referred to in that item or a display of the content of the information recorded in the electronic or magnetic record referred to in that item, and the testator confirms the accuracy of that writing or recording.

If a will is made pursuant to the provisions of the preceding paragraph, the testator may have the witnesses present by a method that allows the testator and the witnesses to talk with each other while mutually recognizing each other's state by transmitting and receiving video and audio.

In order for a testator who cannot speak to make a will pursuant to the provisions of paragraph (1), the testator must state the tenor of the will through an interpreter before the witnesses in lieu of the oral instructions referred to in paragraph (1), item (i).

If a person who is deaf makes a will pursuant to the provisions of paragraph (1), the person who received the oral instructions as to the tenor of the will (including the statement under the provisions of the preceding paragraph) may convey the details written in the document referred to in paragraph (1), item (ii) or the content of the information recorded in the electronic or magnetic record referred to in that item to the testator through an interpreter in lieu of the reading back referred to in paragraph (1), item (iii).

If the testator has an interpreter interpret pursuant to the provisions of the preceding two paragraphs, the testator may have the interpreter interpret by a method that allows the testator and the witnesses to talk with the interpreter while mutually recognizing each other's state by transmitting and receiving video and audio.

The provisions of paragraphs (4) and (5) of the preceding Article apply mutatis mutandis to a will made pursuant to the provisions of the preceding paragraphs.

(Will of a Person Aboard a Ship in Distress), etc.

If a ship is in distress, a person rapidly approaching death aboard that ship may make a will orally in the presence of at least two witnesses. The same applies, if a natural disaster or other unavoidable event occurs, to a person rapidly approaching death who is in a place where it is difficult to avoid a grave and imminent danger arising from that natural disaster or event.

A will made according to the provisions of the preceding two paragraphs is not valid unless a witness transcribes the tenor thereof and signs and affixes the witness' seal to the transcription, and is also not valid without being declared so by the family court, as requested without delay by one of the witnesses or an interested party.

A person rapidly approaching death as prescribed in paragraph (1) of the preceding Article may, in addition to doing so under the provisions of that paragraph, make a will orally by any of the methods set forth in the following items:

a method of recording the circumstances of making a will orally, in the presence of at least one witness, by simultaneously making an audio recording and a video recording;

a method of recording the circumstances of making a will orally by simultaneously making an audio recording and a video recording, and transmitting that record to a specified person using the computer that the testator uses.

If a will is made pursuant to the provisions of the preceding paragraph (limited to the part pertaining to item (i)), the testator may have the witnesses present by a method that allows the testator and the witnesses to talk with each other while mutually recognizing each other's state by transmitting and receiving video and audio.

In order for a testator who cannot speak to make a will pursuant to the provisions of paragraph (1), the testator must do so through an interpreter.

If a person who cannot speak makes a will pursuant to the provisions of paragraph (1) and has an interpreter interpret pursuant to the provisions of the preceding paragraph, the testator may have the interpreter interpret by a method that allows the testator (or, if the will is made pursuant to the provisions of paragraph (1), item (i), the testator and the witnesses) and the interpreter to talk with each other while mutually recognizing each other's state by transmitting and receiving video and audio.

A will made in accordance with the provisions of the preceding paragraphs does not take effect unless confirmation of it is obtained from the family court upon a request made without delay by one of the witnesses, a person who received the transmission pursuant to the provisions of paragraph (1), item (ii), or an interested party.

The provisions of Article 976, paragraph (5) apply mutatis mutandis to a case as referred to in the preceding paragraph.

(Signatures and Seals of Persons Connected with the Making of a Will)

In a case as referred to in Article 977 or Article 978, the testator, person who transcribed the will, persons present, and witnesses must sign and affix their seals to the will.

(If It Is Not Possible to Sign or Affix a Seal)

In a case as referred to in one of Article 977 through Article 979, if there is a person who is unable to sign or affix a seal, a person present or a witness must make a supplementary note of the reason for this.

The provisions of Article 968, paragraph (3) , Article 973, paragraphs (1) and (2), Article 973 through974 and Article 975 apply mutatis mutandis to a will under made pursuant to the provisions of Article 976 through Article 981979 and the preceding two Articles. In this case, where the provisions of Article 968, paragraph (3) apply mutatis mutandis to a will made pursuant to the provisions of Article 976-2, the phrase "unless the testator specifies the place, adds a note that the testator has made the change, and specifically signs it" in that paragraph is deemed to be replaced with "unless the testator specifies the place, one of the witnesses writes or records a statement that the change has been made, and the circumstances are recorded by a method of simultaneously making an audio recording and a video recording".

The provisions of Article 973, paragraphs (1) and (2), Article 974 and Article 975 apply mutatis mutandis to a will made pursuant to the provisions of Article 979-2. In this case, the phrase "writing or recording on the will" in Article 973, paragraph (2) is deemed to be replaced with "writing on a document or recording on an electronic or magnetic record", and "instrument" in Article 975 is deemed to be replaced with "electronic or magnetic record recorded by a method prescribed in the items of Article 979-2, paragraph (1)".

If a Japanese national who is in a country where there is a Japanese consulate seeks to make a will in the form of a notarial instrument or sealed and notarized instrument, the duties of the notary are undertaken by the consulate. In this case, notwithstanding the provisions of Article 970, paragraph (1), item (iv), the testator and the witnesses are not required to affix the seal referred to in that item.

(Probating of Will), etc.

Without delay after learning of the opening of the succession, the custodian of will or an electronic or magnetic record recorded by a method prescribed in the items of Article 979-2, paragraph (1) (hereinafter referred to as "will, etc." in this Chapter) must submit the will , etc. to the family court and file a request for probate. The same applies after an heir discovers the will, etc., if no one is its custodian.

A The provisions of paragraph (1) do not apply to the other custodians if, in a case in which a testator has made a will that pursuant to the provisions of Article 976-2 (limited to the case where the will has been closed and sealed may not be opened except recorded in the electronic or magnetic record set forth in paragraph (1), item (ii) of that Article (where it has been changed pursuant to the family court and in provisions of Article 968, paragraph (3) as applied mutatis mutandis pursuant to Article 982, paragraph (1), the presence case where that fact has been recorded)), one of the heirs or their representativescustodians of the will in question makes a request for probate pursuant to the provisions of paragraph (1).

The provisions of the preceding paragraph apply mutatis mutandis to a case in which a testator has made a will pursuant to the provisions of Article 979-2. In this case, "will" in that paragraph is deemed to be replaced with "electronic or magnetic record recorded by a method prescribed in the items of Article 979-2, paragraph (1)".

A will that has been closed and sealed may not be opened except in the family court and in the presence of the heirs or their representatives.

A person failing to submit a will, etc. pursuant to the provisions of the preceding Article, executing a will without it passing through probate, or opening a closed and sealed will in a place other than the family court is subject to a civil fine of not more than 50,000 yen.

(Destruction of the Will , etc. or of the Thing Constituting the Object of the Legacy)

If a testator intentionally destroys a will, etc., the testator is deemed to have revoked the part of the will that has been destroyed. The same applies if the testator intentionally destroys a thing constituting the object of a legacy.