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.

The provisions of Article 5, Article 9, Article 13, and Article 17 do not apply to wills.

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.

①A will is void if a person under guardianship makes it to the benefit of the guardian or the guardian's spouse or lineal relative before the guardian has finished accounting for the guardianship.

②The provisions of the preceding paragraph do not apply if the guardian is a lineal relative, spouse, or sibling of the ward.

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.

①To 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.

②Notwithstanding 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).

③An 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.

①For a will to be made in the form of a notarial instrument, it must be prepared according to the following formalities:

②The notarial instrument referred to in the preceding paragraph is to be prepared as provided by the Notary Act (Act No. 53 of 1908).

③With 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.

①In 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.

②If 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.

①For a will to be made in the form of a sealed and notarized instrument, it must be prepared according to the following formalities:

②The 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.

①In 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).

②In 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.

③In 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).

①At least two doctors must be present in order for an adult ward to make a will at a time that the ward's capacity to appreciate the situation at hand has recovered temporarily.

②The doctors present during the making of a will must make a supplemental note on the will indicating that the testator did not lack 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 for a will in the form 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 thereto.

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

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

①If 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.

②In 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.

③If 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.

④A 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.

⑤The 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.

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.

①If 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.

②In 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.

③A 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.

④The provisions of Article 976, paragraph (5) apply mutatis mutandis to a case as referred to in the preceding paragraph.

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.

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) and Article 973 through Article 975 apply mutatis mutandis to a will under the provisions of Article 976 through Article 981.

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.

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.

①A will takes effect at the time of the testator's death.

②If 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.

①A legatee may renounce a legacy at any time after the death of the testator.

②The renunciation of a legacy is valid retroactive to the time of the testator's death.

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.

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.

①The acceptance or renunciation of a legacy may not be revoked.

②The provisions of Article 919, paragraphs (2) and (3) apply mutatis mutandis to the acceptance and renunciation of a legacy.

A universal legatee has the same rights and duties as an heir.

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.

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.

①The 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.

②It 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.

①A legacy does not become effective if the legatee predeceases the testator.

②The 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.

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.

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.

①If 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.

②In 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.

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.

①If 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.

②If 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.

①In 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.

②If 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.

①A 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.

②If 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.

①Without delay after learning of the opening of the succession, the custodian of will must submit the will to the family court and file a request for probate. The same applies after an heir discovers the will, if no one is its custodian.

②The provisions of the preceding paragraph do not apply to a will in the form of a notarial instrument.

③A 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 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.

①A testator may designate one or several executors, or entrust that designation to a third party, by will.

②A person entrusted with the designation of an executor must make that designation and notify the heirs thereof without delay.

③A person entrusted with the designation of an executor and seeking to decline to do so must notify the heirs that effect without delay.

①Upon consenting to act as executor, the executor must immediately undertake the duties of that role.

②Upon 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.

①The executor must prepare an inventory of the estate and deliver this to the heirs without delay.

②If an heir so requests, the executor must prepare the inventory of the estate in the heir's presence or have a notary prepare it.

①In 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.

②If there is an executor, performance of a legacy may be carried out only by the executor.

③The provisions of Articles 644, 645 through 647 and 650 apply mutatis mutandis to the executor.

①If 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.

②An 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.

③The 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.

①If 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.

②If 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).

③If 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.

④Notwithstanding 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.

①An 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.

②In 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.

①If 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.

②Notwithstanding the provisions of the preceding paragraph, any individual executor may undertake an act of preservation.

①The 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.

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

①An 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.

②If 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.

①If 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.

②The 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, 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.