Civil Code

A person's will may be made only in accordance with the formalities prescribed by this Code.

Any person who has attained 15 years of age may make a will.

At the time of making a will, the testator must have the capacity to do so.

A testator may make a disposition of all or part of the testator's property, under a universal or particular title.

The provisions of Article 886 and Article 891 apply mutatis mutandis to legatees.

A will must be made in the form of a holographic instrument, notarial instrument, or sealed and notarized instrument; provided, however, that this does not apply if it is permissible to use a special formality.

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.

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 every sheet of the list (or, if there is writing not in the testator's own hand on both sides of a sheet, 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.

For a will to be made in the form of a notarial instrument, it must be prepared according to the following formalities:

at least two witnesses are present;

the testator gives oral instructions to a notary as to the tenor of the will;

With regard to the witness referred to in paragraph (1), item (i), the provisions of the Notary Act (excluding the provisions of Article 35, paragraph (3) of that Act) apply, deeming the witness to be a witness prescribed in Article 30 of that Act.

In order for a testator who cannot speak to make a will in the form of a notarial instrument, the testator must give a statement as to the tenor of the will through an interpreter, or in the testator's own hand, before the notary and witnesses, in lieu of the oral instructions referred to in paragraph (1), item (ii) of the preceding Article.

If a notarial instrument is prepared according to the formalities prescribed in the preceding paragraph, the notary must state or record that fact in the instrument.

For a will to be made in the form of a sealed and notarized instrument, it must be prepared according to the following formalities:

the testator signs the instrument;

the testator closes and seals the instrument;

the testator presents the closed and sealed instrument before one notary and at least two witnesses, indicating it to be the testator's own will and stating the full name and address of the person who wrote it;

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, signs it.

The provisions of Article 968, paragraph (3) apply mutatis mutandis to a will in the form of a sealed and notarized instrument.

Even if a will that is in the form of a sealed and notarized instrument is deficient in terms of a formality prescribed in the preceding Article, it is valid as a will made in the form of a holographic instrument if prepared according to the formalities provided for in Article 968.

In order for a testator who cannot speak to make a will in the form of a sealed and notarized instrument, the testator must indicate that the instrument is the testator's own will and state the full name and address of the person that wrote it through an interpreter or write the same on the closed and sealed instrument in the testator's own hand before the notary and witnesses, in lieu of the making the statement referred to in Article 970, paragraph (1), item (iii).

In a case as referred to in the preceding paragraph, if the testator offers a statement through an interpreter, the notary must write an indication of this on the closed and sealed instrument.

In a case as referred to in paragraph (1), if the testator writes on the closed and sealed instrument in the testator's own hand, the notary must write an indication of this on the closed and sealed instrument in lieu of writing the statement as prescribed in Article 970, paragraph (1), item (iv).

The doctors present during the making of a will (excluding a will in the form of a storage instrument or sealed and notarized instrument) must, after writing or recording on the will 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, sign it or take a measure specified by Ministry of Justice 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.

None of the following persons may be a witness or person present to observe a will:

a minor;

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

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

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

A will may not be made by two or more persons on the same instrument.

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 after each of the witnesses has confirmed its accuracy.

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

If the testator or one of the other witnesses as referred to in the latter clause of paragraph (1) is deaf, the person receiving the oral instructions or statement as to the tenor of the person's will may convey the details of the transcription prescribed in that clause to the testator or other witness through an interpreter in lieu of reading it back for the person to hear as referred to in that clause.

A will made pursuant to the provisions of the preceding three paragraphs is not valid unless declared so by the family court, as requested by one of the witnesses or an interested party within twenty days of the creation of the will.

The family court may not issue a declaratory judgment that a will as referred to in the preceding paragraph captures the true intention of the testator unless it has the abiding conviction that such is the case.

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.