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Article 977第九百七十七条
Will of a Person under Quarantine(伝染病隔離者の遺言)
Article 977, paragraph (1)
A person that, due to a communicable disease, is in a place that has been isolated pursuant to an administrative disposition may make a will in the presence of one police official and at least one witness.
A person aboard a ship may make a will in the presence of the ship's captain or crew member, and at least two witnesses.
船舶中に在る者は、船長又は事務員一人及び証人二人以上の立会いをもって遺言書を作ることができる。
Article 979第九百七十九条
Will of a Person Aboard a Ship in Distress, etc.(船舶遭難者等の遺言)
Article 979, paragraph (1)
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.
In order for a testator who cannot speak to make a will pursuant to the provisions of the preceding paragraph, the testator must do so through an interpreter.
A will made according to the provisions of the preceding two paragraphs is not valid unless a witness transcribes the tenor thereof and signs 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.
The provisions of Article 976, paragraph (5) apply mutatis mutandis to a case as referred to in the preceding paragraph.
第九百七十六条第五項の規定は、前項の場合について準用する。
Article 979-2第九百七十九条の二
Article 979-2, paragraph (1)
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;
証人一人以上の立会いをもって、口頭で遺言をする状況を録音及び録画を同時に行う方法により記録する方式
Article 979-2, paragraph (1), item (ii)
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.
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.
第九百七十六条第五項の規定は、前項の場合について準用する。
Article 980第九百八十条
Signatures of Persons Connected with the Making of a Will(遺言関係者の署名)
Article 980, paragraph (1)
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 the will.
In a case as referred to in one of Article 977 through Article 979, if there is a person who is unable to sign, a person present or a witness must make a supplementary note of the reason for this.
Mutatis Mutandis Application of Provisions on Wills Made Using Standard Formalities(普通の方式による遺言の規定の準用)
Article 982, paragraph (1)
The provisions of Article 968, paragraph (3), Article 973, paragraphs (1) and (2), Article 974 and Article 975 apply mutatis mutandis to a will made pursuant to the provisions of Article 976 through Article 979 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)".
Validity of Wills Made Using Special Formalities(特別の方式による遺言の効力)
Article 983, paragraph (1)
A will made pursuant to the provisions of Article 976 through Article 982 is not valid if the testator survives for a period of six months from the time the testator recovers the ability to make a will using standard formalities.
Formalities for Wills by Japanese Nationals in a Foreign Country(外国に在る日本人の遺言の方式)
Article 984, 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.
A will takes effect at the time of the testator's death.
遺言は、遺言者の死亡の時からその効力を生ずる。
Article 985, paragraph (2)
If a will contains a condition precedent and the condition is fulfilled after the death of the testator, the will takes effect from the time that condition is fulfilled.
A legatee may renounce a legacy at any time after the death of the testator.
受遺者は、遺言者の死亡後、いつでも、遺贈の放棄をすることができる。
Article 986, paragraph (2)
The renunciation of a legacy is valid retroactive to the time of the testator's death.
遺贈の放棄は、遺言者の死亡の時にさかのぼってその効力を生ずる。
Article 987第九百八十七条
Issuing Notice to Legatees to Accept or Renounce Their Legacies(受遺者に対する遺贈の承認又は放棄の催告)
Article 987, paragraph (1)
The person charged with a legacy (meaning a person who bears a duty to discharge a legacy; hereinafter the same applies in this Section) or any other interested party may issue notice to a legatee that the legatee must accept or renounce the legacy within a reasonable, specified period of time. In such a case, if the legatee does not manifest an intention to the person charged with the legacy within that period, the legacy is deemed to have been accepted.
Acceptance or Renunciation of a Legacy by the Legatee's Heir(受遺者の相続人による遺贈の承認又は放棄)
Article 988, paragraph (1)
If a legatee dies without accepting or renouncing a legacy, the legatee's heir may accept or renounce the legacy within the scope of the heir's own right of inheritance; provided, however, that if the testator manifests different intention by will, that intention prevails.
Revocation and Rescission; Acceptance or Renunciation of a Legacy(遺贈の承認及び放棄の撤回及び取消し)
Article 989, paragraph (1)
The acceptance or renunciation of a legacy may not be revoked.
遺贈の承認及び放棄は、撤回することができない。
Article 989, paragraph (2)
The provisions of Article 919, paragraphs (2) and (3) apply mutatis mutandis to the acceptance and renunciation of a legacy.
第九百十九条第二項及び第三項の規定は、遺贈の承認及び放棄について準用する。
Article 990第九百九十条
Rights and Duties of a Universal Legatee(包括受遺者の権利義務)
Article 990, paragraph (1)
A universal legatee has the same rights and duties as an heir.
包括受遺者は、相続人と同一の権利義務を有する。
Article 991第九百九十一条
Request for Security by a Legatee(受遺者による担保の請求)
Article 991, paragraph (1)
Before a legacy becomes due, the legatee may request reasonable security from the person charged with the legacy. The same applies with respect to a legacy that is subject to a condition precedent while the fulfillment of that condition is pending.
Acquisition of the Fruits of a Legacy(受遺者による果実の取得)
Article 992, paragraph (1)
A legatee acquires the fruits of the legacy beginning from when the legatee may request that the legacy be paid; provided, however, that if the testator manifests different intention by will, that intention prevails.
Claim for Reimbursement of Expenses by the Person Charged with the Legacy(遺贈義務者による費用の償還請求)
Article 993, paragraph (1)
The provisions of Article 299 apply mutatis mutandis if the person charged with a legacy incurs expenses in respect of the object of the legacy after the death of the testator.
It is permissible to claim reimbursement for any normal and necessary expenses incurred in collecting the fruits of a legacy, up to the limit of the value of those fruits.
Lapse of Legacy Due to the Death of the Legatee(受遺者の死亡による遺贈の失効)
Article 994, paragraph (1)
A legacy does not become effective if the legatee predeceases the testator.
遺贈は、遺言者の死亡以前に受遺者が死亡したときは、その効力を生じない。
Article 994, paragraph (2)
The preceding paragraph also applies in respect of a legacy that is subject to a condition precedent, if the legatee dies before the fulfillment of the condition; provided, however, that if the testator manifests different intention by will, that intention prevails.
Devolution of Property If a Legacy Is Invalidated or Lapses(遺贈の無効又は失効の場合の財産の帰属)
Article 995, paragraph (1)
If the effect of a legacy does not arise, or if its effect is lost due to renunciation, that which the legatee would have received devolves to the heirs; provided, however, that if the testator manifests a different intention by will, that intention prevails.
Legacy of Rights Not Belonging to the Estate(相続財産に属しない権利の遺贈)
Article 996, paragraph (1)
A legacy does not take effect unless the rights that are the object of that legacy belong to the estate at the time of the testator's death; provided, however, that, regardless of whether such rights are part of the estate, the foregoing does not apply if it is found that the testator made those rights the object of the legacy.
If a legacy having as its object rights not belonging to the estate takes effect pursuant to the proviso to the preceding Article, the person charged with the legacy bears a duty to obtain those rights and transfer them to the legatee.
In a case as referred to in the preceding paragraph, if the rights prescribed in that paragraph cannot be obtained or if obtaining them would require excessive expenses, the person charged with the legacy must compensate the legatee for the value of those rights; provided, however, that if the testator manifests different intention by will, that intention prevails.
Obligation of the Person Obligated to Perform a Legacy to Deliver(遺贈義務者の引渡義務)
Article 998, paragraph (1)
A person charged with a legacy is obligated to deliver or transfer the thing or right that is the object of the legacy in the condition it was in at the time of the opening of succession (or, if the thing or right was specified as the object of the legacy after that, at the time it was specified); provided, however, that if the testator manifests a different intention in the will, that intention prevails.
Extension of a Security Interest to the Proceeds of a Legacy(遺贈の物上代位)
Article 999, paragraph (1)
If the testator has the right to claim compensation from a third party because of the loss, alteration, or loss of possession of the object of a legacy, that right is presumed to have been made the object of the legacy.
If accession or mixture has arisen in respect of the object of a legacy and another thing and the testator has become the sole owner or a co-owner of the thing formed by accession or mixture pursuant to the provisions of Articles 243 through 245, full ownership of that thing or the testator's share therein is presumed to have been made the object of the legacy.