Making a Will in Japan: A Practical Guide for People With Assets in More Than One Country

2026年9月20日

Making a Will in Japan: A Practical Guide for People With Assets in More Than One Country

A Japanese will may be useful if you own a home, bank account, securities, or other property in Japan and want to make the administration of those assets clearer after your death. It can also help when heirs live overseas, family records come from several countries, or you want to name a person to carry out the will.

But there is an important limit: living in Japan does not automatically mean Japanese inheritance law controls your estate. Under Japan’s conflict-of-laws rules, inheritance is generally governed by the deceased person’s national law. The validity of a will’s contents may also depend on that law, even when the document was made correctly in Japan.

This guide is for foreign nationals living in Japan, especially long-term residents, homeowners, workers with Japanese financial assets, and internationally connected families.

The short version

A Japanese will can make instructions for assets in Japan easier to find and use.
Your nationality, family situation, and the location of your assets can affect which law applies.
A notarized will is usually more reliable than a do-it-yourself document, but professional fees and preparation work may be added to the notary fee.
A Japanese will should be checked against any will you already have overseas.
Cross-border cases should be reviewed by professionals who understand both Japanese law and the relevant foreign law.

TOC

When a Japanese will is most useful

The strongest reason to make one is to reduce practical uncertainty around property and procedures in Japan. It is not only for wealthy households.

A Japanese will deserves serious consideration when you:

own real estate in Japan;
keep substantial money or investments with Japanese institutions;
run a business or hold shares in a Japanese company;
have a spouse, children, or other possible heirs in different countries;
want to leave a specific Japanese asset to a particular person;
have an unmarried partner, stepchild, charity, or other intended recipient who may not inherit automatically;
expect heirs to have difficulty obtaining foreign civil-status records;
want to appoint an executor who can deal with Japanese institutions; or
already have an overseas will that does not clearly address Japanese property.

Without effective instructions, heirs may need to identify everyone entitled to participate and reach an agreement on dividing the estate. Overseas documents may require certified copies, translations, and proof of their authenticity. A will cannot eliminate every document requirement, but it can state who should receive specified assets and who should implement those instructions.

A will may be less urgent when your assets are simple, all possible heirs and property are in one country, and an existing estate plan already works in Japan. Even then, do not assume that a foreign will will be accepted immediately by every Japanese bank or registry. Ask what evidence would be required in practice.

The first legal question is not where you live

Your nationality is often the starting point for deciding which inheritance rules apply. Residence and asset location still matter, but they do not answer the whole question.

Japan’s Act on General Rules for Application of Laws states that inheritance is governed by the national law of the deceased. It also states that the formation and effect of a will are governed by the testator’s national law at the time the will is made.

The form of a will has broader connecting rules. Under Japan’s Act on the Law Governing Formalities of a Will, a will can be formally valid if it complies with one of several relevant laws, such as the law of the place where it was made, the testator’s nationality, domicile, or habitual residence, subject to the statute’s detailed conditions.

This creates two separate questions:

Is the document in a legally acceptable form?
Do its instructions have the intended legal effect?

A document may pass the first test without resolving the second. For example, a foreign national can make a notarized will in Japan in a form recognized here, but the person’s national law may still determine heirs’ rights, reserved portions, or whether a particular instruction works.

Some countries also use referral rules that point a case back to Japanese law or apply different rules to movable property and real estate. Nationality can be complicated for dual nationals or people whose country has different state, provincial, or religious personal laws.

ここがポイント: A Japanese will is a document-making tool, not an automatic choice of Japanese inheritance law. Confirm both the form of the will and the law governing its contents.

Three main will formats in Japan

For an international estate, reliability and coordination usually matter more than choosing the cheapest format. Japan’s Civil Code recognizes ordinary forms including a holographic will, a notarized will, and a secret will.

Holographic will: jihitsu shōsho yuigon

A jihitsu shōsho yuigon (自筆証書遺言, holographic will) is made by the testator. Under the current Civil Code, the main text, date, and name must be handwritten, and the document must bear the testator’s seal. Separate rules allow a property list to be prepared by other means, but formal requirements still apply to each page.

Its attractions are clear: there is no notary drafting fee, and it can be prepared privately. Its risks are equally important:

a missing date, signature, seal, or correctly handled amendment can create a dispute;
unclear descriptions may not match a bank account or property registration;
the document can be lost, damaged, hidden, or overlooked if kept privately;
heirs may need Family Court probate called kennin (検認); and
writing in a foreign language may create translation and interpretation issues.

A privately stored holographic will normally requires kennin after death. This procedure records and discloses the condition and contents of the document; it does not decide whether the will is legally valid. A sealed will should not be opened outside the Family Court.

Holographic will stored by the Legal Affairs Bureau

Japan also has the jihitsu shōsho yuigonsho hokan seido (自筆証書遺言書保管制度), the Legal Affairs Bureau’s holographic will custody system.

The official storage application fee is ¥3,900 per will as of August 2026. The testator must apply personally, and the bureau checks the document against formal requirements for storage. It does not give legal advice or guarantee that the contents will produce the intended inheritance result.

Storage offers practical advantages:

the original is protected against loss or alteration;
heirs can request official information after the testator’s death;
the stored will does not require Family Court probate; and
the system can notify designated people after death under the applicable notification arrangements.

Foreign nationals can use the system, but identity, address, nationality, translation, and document requirements should be confirmed with the relevant will-storage office. The Ministry of Justice instructions specifically address foreign-language wills and require a Japanese translation in the applicable procedure.

Notarized will: kōsei shōsho yuigon

A kōsei shōsho yuigon (公正証書遺言, notarized will) is prepared by a Japanese notary based on the testator’s instructions. It requires at least two witnesses. The notary checks identity, capacity, and formal requirements, records the instructions, and confirms them with the testator and witnesses.

This format is often the most practical option for a cross-border estate because:

a legal professional prepares the official instrument;
wording and asset descriptions can be checked before execution;
the original is securely retained;
Family Court probate is not required; and
the notarial records make the document easier to locate after death.

It is not automatically valid in every foreign country, and the Japanese notary does not replace advice on foreign law. An interpreter may be needed if the testator cannot fully communicate with the notary in Japanese. The notary, witnesses, and interpreter must also be able to confirm that the instructions reflect the testator’s free and informed wishes.

What a notarized will may cost

The official fee depends on the value passing to each recipient, not simply on the total estate. Additional charges can apply.

The Japan National Notaries Association’s fee schedule effective from October 1, 2025 includes these examples:

up to ¥500,000 in value: ¥3,000;
over ¥500,000 and up to ¥1 million: ¥5,000;
over ¥1 million and up to ¥2 million: ¥7,000;
over ¥2 million and up to ¥5 million: ¥13,000;
over ¥5 million and up to ¥10 million: ¥20,000;
over ¥10 million and up to ¥30 million: ¥26,000;
over ¥30 million and up to ¥50 million: ¥33,000; and
over ¥50 million and up to ¥100 million: ¥49,000.

The calculation is made separately for each heir or beneficiary and then combined. If the total value covered by the will is ¥100 million or less, a ¥13,000 will surcharge normally applies. Copies, paper output, travel, an out-of-office appointment, an interpreter, translations, asset valuation, and professional legal or tax advice may increase the total.

Ask the notary office for an estimate after providing:

the proposed recipients;
the approximate value each person would receive;
the number and type of assets;
whether an interpreter is needed; and
whether the meeting can take place at the notary office.

Consultations with a notary about preparing the instrument are generally free, according to the Japan National Notaries Association. A lawyer, judicial scrivener, tax accountant, interpreter, or overseas adviser may charge separately.

How to prepare without creating conflicts

Begin with a complete map of your family, assets, citizenship, and existing documents. Drafting clauses before collecting those facts can produce contradictions.

Step 1: List every relevant country

Write down:

every nationality you hold or previously held;
where you are domiciled or habitually resident;
where your spouse and potential heirs live;
where each major asset is located; and
where any existing will, trust, marital agreement, or beneficiary designation was made.

These facts help an adviser identify which laws need to be checked. They can also reveal practical problems, such as an executor who cannot access Japan or a foreign institution that will require local probate.

Step 2: Make an asset inventory

Use enough detail to identify an asset without putting passwords or access codes in the will.

Include items such as:

Japanese land and buildings, with registry details;
bank and securities accounts;
company shares and business interests;
vehicles and valuable personal property;
debts, mortgages, and guarantees;
insurance policies and named beneficiaries;
pensions or employer benefits; and
overseas assets.

Keep login credentials in a separate, secure arrangement. A will may eventually become available to heirs and officials, so it is not a password vault.

Step 3: Identify family relationships precisely

Names often appear differently across passports, residence cards, marriage records, and overseas certificates. Record current names, former names, dates of birth, relationships, nationalities, and addresses where appropriate.

Ask which official records will prove each relationship after death. Japanese citizens are commonly documented through koseki (戸籍, family register) records. Foreign families may need birth, marriage, divorce, adoption, or death records issued abroad, sometimes with translations and authentication.

Step 4: Decide who will carry out the instructions

An yuigon shikkōsha (遺言執行者, executor) handles functions assigned by the will and Japanese law. Choosing one can be especially useful when beneficiaries live abroad or the estate includes real estate and several institutions.

Before naming someone, consider whether that person:

is willing and able to act;
can communicate with Japanese banks and registries;
can collect foreign documents;
understands possible conflicts of interest; and
will still be reachable years later.

A professional executor may improve continuity but will charge a fee. The will should state the appointment clearly and, where appropriate, provide a replacement.

Step 5: Compare every existing estate document

Do not create a Japanese will in isolation if you already have a will overseas. A later will can revoke an earlier one in whole or in part, depending on its wording and the governing law.

Possible approaches include one worldwide will or coordinated wills limited to assets in particular countries. Neither approach is universally better. The correct choice depends on the countries involved, the types of assets, tax exposure, and whether separate proceedings will be necessary.

Any limitation clause—such as a statement that the Japanese document covers only specified assets in Japan—should be drafted and reviewed carefully. A casual sentence copied from an online template can accidentally leave assets uncovered or create two competing executors.

Step 6: Confirm the working language

A Japanese notarial instrument will normally be handled through a Japanese notary. If your Japanese is not sufficient for legal instructions, ask about an interpreter before the appointment.

Request a clear explanation of:

which text is legally operative;
how names and addresses will be written;
how foreign legal terms will be translated;
whether a reference translation will be provided; and
what your overseas adviser needs to review.

Do not sign because a bilingual summary “looks about right.” Names, shares, substitute beneficiaries, and revocation language deserve line-by-line confirmation.

Documents commonly requested

The exact list depends on the will, the notary office, and the countries involved. Contact the office before obtaining expensive certificates.

You may be asked for:

passport, residence card, or another government-issued photo ID;
a residence certificate, or jūminhyō (住民票);
documents proving relationships to heirs;
recipients’ names, addresses, dates of birth, and relationship details;
real-estate registry certificates and tax valuation documents;
bank, securities, or company information;
proof of the value of relevant assets;
details and identification for two eligible witnesses;
information about the proposed executor;
copies of existing wills or related estate-planning documents; and
Japanese translations of foreign-language records.

Foreign public documents may need an apostille or consular authentication, depending on the document, issuing country, and intended use. Ask the recipient—notary, court, registry, bank, or adviser—what it will accept before arranging authentication.

Common mistakes that cause trouble later

Most avoidable problems come from treating the will as a standalone form rather than one part of an international process.

Assuming a Japanese address makes Japanese law apply

The Japanese conflict-of-laws starting point is nationality, not merely residence. Obtain advice that covers the applicable national law and any referral back to Japanese law.

Using an online template without checking formalities

A typed document labeled “Last Will” is not automatically a valid Japanese holographic will. Handwriting, date, name, seal, amendments, property lists, witnesses, and storage each have specific rules depending on the chosen format.

Ignoring reserved rights

Japan has iryūbun (遺留分, legally reserved portions) for certain heirs. Other countries have their own forced-heirship or family-provision rules. Whether and how these rules affect a foreign national requires individual analysis.

Naming assets too vaguely

“Give my savings to my partner” may not identify which accounts, what happens to later accounts, or whether the instruction includes investments. Precise drafting should still allow for normal changes in account numbers and asset values.

Forgetting beneficiary designations and contracts

Life insurance, pensions, jointly held property, trusts, and employer benefits may pass under their own rules. A will does not necessarily override a valid beneficiary designation or contract.

Treating a will as an inheritance-tax solution

A will directs succession; it does not by itself remove Japanese or foreign tax obligations. Japanese inheritance-tax exposure can depend on domicile, residence history, nationality, the status of heirs, and asset location. Obtain separate tax advice before making gifts or restructuring ownership.

Leaving the document impossible to find

Tell a trusted person that a will exists and explain how its location can be checked. Do not disclose private instructions more widely than necessary.

What changed recently in Japan

Notarial procedure became more digital from October 1, 2025, but that did not turn every will into a simple online form.

Public deeds made by designated notaries are now generally created as electronic records. In appropriate cases, a notary may permit participation by web conference. For wills, the notary must still be satisfied about identity, capacity, free intention, communication, and the suitability of remote participation. Witness and interpreter arrangements also remain important.

This update may help a person who has difficulty traveling, but remote execution is not an automatic entitlement. Ask the chosen notary office whether your circumstances and equipment meet its requirements.

A separate discussion about introducing new digital forms of private wills has continued in Japan. Do not assume that an ordinary file, scanned signature, video, email, or note stored on a phone is currently a valid will. Check the law in force when the document is actually made.

Another current point affects estates containing Japanese real estate: inheritance registration became mandatory on April 1, 2024. In general, an heir who acquires real estate through inheritance must apply within the statutory period after learning of the acquisition. A will can make the intended recipient clearer, but it does not complete the registration automatically.

Where to ask for help

Use professionals whose combined knowledge covers every country that matters. One adviser may coordinate the work, but Japanese and foreign questions should both be answered.

Useful contacts include:

a Japanese notary office (kōshō yakuba, 公証役場) for notarized-will procedure and an official fee estimate;
a Japanese lawyer (bengoshi, 弁護士) for inheritance disputes, legal analysis, and cross-border coordination;
a judicial scrivener (shihō shoshi, 司法書士) for Japanese real-estate registration and related documentation within their professional scope;
a licensed tax accountant (zeirishi, 税理士) for Japanese inheritance and gift tax;
a lawyer or estate professional qualified in your country of nationality or the country where other assets are located; and
the Legal Affairs Bureau for the official holographic-will custody procedure.

Ask each professional which jurisdiction they are advising on. “International experience” should not be treated as authority to give legal advice in every country.

A practical decision checklist

A Japanese will is worth investigating when it solves a specific Japanese problem and fits your wider estate plan. Before proceeding, check:

Do I own property or financial assets in Japan?
Which country’s law governs inheritance and the effect of my instructions?
Will a Japanese-format document be recognized where it must be used?
Do I already have a will that could conflict with it?
Are any heirs protected by reserved-share or family-provision rules?
Who can act as executor in Japan?
Which translations and authenticated records will be needed?
What are the notary, interpreter, legal, registration, and tax-advice costs?
Have I planned for future marriage, divorce, children, relocation, citizenship changes, or major asset sales?

Review the plan after any major family, nationality, residence, or asset change. The immediate next step is not to download a template. It is to prepare the country-and-asset list, then have advisers confirm which law controls and whether a separate Japanese will would make administration easier rather than more complicated.

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