Civil Code

In the event that a claim has been made the object of a legacy, if the testator has received payment or delivery in respect of that claim and a thing so received is among the estate, that thing is presumed to have been made the object of that legacy.

If money is the object of a claim that has been made the object of a legacy, that money is presumed to have been made the object of the legacy even if funds equivalent to that claim are not among the estate.

A person receiving a conditioned legacy is only liable for the performance of the obligations so borne up to the limit of the value of the object of the legacy.

If a legatee renounces the legacy, the person who would have benefitted by the burden may personally become a legatee; provided, however, that if the testator manifests different intention by will, that intention prevails.

If the value of the object of a conditioned legacy is reduced due to the qualified acceptance of a succession or through an action to recover the statutory reserved share, the legatee is exempted from a proportion of the obligations borne under that legacy, in line with the proportion of the reduction; provided, however, that if the testator manifests different intention by will, that intention prevails.

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.

The provisions of the preceding paragraph do not apply to a will in the form of a notarial instrument.

The provisions of paragraph (1) do not apply to the other custodians if, in a case in which a testator has made a will pursuant to the provisions of Article 976-2 (limited to the case where the will has been 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 provisions of Article 968, paragraph (3) as applied mutatis mutandis pursuant to Article 982, paragraph (1), the case where that fact has been recorded)), one of the custodians 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.

A testator may designate one or several executors, or entrust that designation to a third party, by will.

A person entrusted with the designation of an executor must make that designation and notify the heirs thereof without delay.

A person entrusted with the designation of an executor and seeking to decline to do so must notify the heirs that effect without delay.

Upon consenting to act as executor, the executor must immediately undertake the duties of that role.

Upon commencing the duties of that role, the executor must immediately notify the heirs of the contents of the will.

An heir or other interested party may demand the executor to answer definitively as to whether the executor consents to act as such within a reasonable period of time specified by the heir or interested party. In such a case, if the executor does not answer the heir definitively within that period, the executor is deemed to consent to act as such.

A minor or a bankrupt may not become an executor.

If there is no executor or there comes to no longer be an executor, the family court may appoint an executor at the request of an interested party.

The executor must prepare an inventory of the estate and deliver this to the heirs without delay.

If an heir so requests, the executor must prepare the inventory of the estate in the heir's presence or have a notary prepare it.

In order to realize the contents of the will, the executor has the right and the duty to administer the estate and to perform all other actions necessary to the execution of the will.

If there is an executor, performance of a legacy may be carried out only by the executor.

The provisions of Articles 644, 645 through 647 and 650 apply mutatis mutandis to the executor.

If there is an executor, it is not permissible for an heir to dispose of the estate or to take any other action that interferes with the execution of the will.

An act done in violation of the provisions of the preceding paragraph is void; provided, however, that this may not be duly asserted against a third party in good faith.

The provisions of the preceding two paragraphs do not preclude a creditor of an heir (including a creditor of the succession) from exercising that creditor's rights with respect to the estate.

If a testator's will concerns specific property from among the estate, the provisions of Articles 1011 through 1013 apply only with respect to that specific property.

If there is a will to the effect that specific property belonging to the estate is to be succeeded to by one or several of the coheirs as a designation of how the estate is divided (hereinafter referred to as a "will for succession of specific property"), the executor may take the actions necessary for that coheir to satisfy the requirements of perfection prescribed in Article 899-2, paragraph (1).

If the property referred to in the preceding paragraph is a claim for deposits, the executor may, in addition to the actions prescribed in that paragraph, request the withdrawal of those deposits or savings and give notice of termination of the contract relating to those deposits or savings; provided, however, that notice of termination may be given only if the whole of the claim for deposits is the object of a will for succession of specific property.

Notwithstanding the provisions of the preceding two paragraphs, if the decedent has manifested a different intention by will, that intention prevails.

An act done by an executor within the scope of the executor's authority, with an indication of being the executor, takes effect directly with respect to the heirs.

An executor may have a third party undertake the duties of executor on the executor's own responsibility; provided, however, that if the testator manifests a different intention by will, that intention prevails.

In the case referred to in the main clause of the preceding paragraph, if there is a compelling reason to have a third party undertake the duties, the executor is liable to the heirs only for the appointment and supervision of that third party.

If there are multiple executors, the way in which they execute their duties is decided by majority; provided, however, that if the testator manifests different intention by will, that intention prevails.

Notwithstanding the provisions of the preceding paragraph, any individual executor may undertake an act of preservation.

The family court may set the remuneration of an executor based on the condition of the estate and other circumstances; provided, however, that this does not apply if the testator specifies the remuneration in the will.

The provisions of Article 648, paragraphs (2) and (3) and Article 648-2 apply mutatis mutandis when an executor receives remuneration.

An interested party may file a request with the family court to dismiss the executor if that executor fails to do the duties thereof or if there is any other legitimate reason for dismissal.

If there is a legitimate reason, an executor may resign from duties as executor with the permission of the family court.

The provisions of Articles 654 and 655 apply mutatis mutandis when duties of an executor come to an end.

Expenses for the execution of a will are borne by the estate; provided, however, that the statutory reserved shares may not be reduced by this.

A testator may at any time revoke a will in whole or in part, using the formalities for the making of a will to do so.

If a previous will conflicts with a later will, the testator is deemed to have revoked the conflicting part of the previous will by making the later will.

The provisions of the preceding paragraph apply mutatis mutandis if a will conflicts with a disposition inter vivos, or any other such juridical act, that is undertaken after the will is made.

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.

A will revoked pursuant to the provisions of Articles 1022 through 1024 does not recover validity even if the act of revocation is revoked, rescinded, or invalidated; provided, however, that this does not apply if the act of revocation was the result of mistake, fraud, or duress.

A testator may not waive the right to revoke a will.

If a person receiving a conditioned legacy is not performing the duty imposed thereby, an heir may demand that the person perform that duty within a reasonable period of time. In such a case, if the person does not perform the duty within that period of time, the heir may file a request with the family court to rescind the testator's will as regards the conditioned legacy.