Collecting Asset-Related Documents

Before preparing the will, it is first necessary to get a clear picture of what assets the testator owns (deposits and savings, real estate, shares, and so on). For this purpose, the testator is asked to collect asset-related documents (copies of bank passbooks, fixed asset tax payment notices, certified copies of the real estate register, and so on).

In addition, preparing a notarized will requires paying the notary office a fee proportionate to the value of the testator's assets, so the asset-related documents are also needed in order to determine the amount of the fee.

Practical Points

• Even if an asset is registered in the name of a spouse or child, it is covered if it is "in substance the testator's property."
• Shares, investment trusts, crypto assets, insurance claims, and similar assets are also easy to overlook.
• "Negative assets" such as debts, loans, and joint-and-several guarantee obligations also need to be organized.

Preparing the Draft Will

After the assets have been organized and identified, the attorney prepares a draft of the will after hearing the testator's wishes. At that time, you can rest assured that the attorney will carefully examine whether the desired contents of the will are legally sound and what problems could arise after the testator's passing, and will give advice on that basis.

Practical Points

• Whether any heir's statutory share (iryubun) would be infringed
• Inheritance tax and securing the funds to pay it
• Valuation of real estate and how to divide it
• Supplementary remarks (why the assets are divided this way)

and after comprehensively examining these points, we design the will so that it becomes "a will that does not lead to disputes."

Requesting the Notary Office to Prepare the Notarized Deed

After the draft will is completed, the draft and the asset-related documents are sent to the notary office to apply for preparation of the notarized will. The attorney and the notary then confer, and after making detailed revisions to the draft, the testator is asked to give final confirmation.

A notarized deed can be prepared at any notary office in Japan, but in view of the testator's convenience, the application is usually made to the notary office closest to the testator's home.

Unfortunately, the municipalities of Makinohara City, Omaezaki City, Yoshida Town, Fujieda City, and Shimada City have no notary office. For this reason, clients of the Yaizu Sogo Law Office usually apply to one of the following notary offices in Yaizu City or Shizuoka City (the Yaizu Notary Office is a new office established on November 1, 2022 [Reiwa 4]). For reference, the addresses and contact details of each notary office are given below.

Yaizu Notary Office

〒421-0205
2nd Floor, Oigawa Branch Office, Yaizu City Hall, 900 Munetaka, Yaizu City
TEL: 054-668-9933
FAX: 054-668-9934
Email: yaizu-notary@iaa.itkeeper.ne.jp

Shizuoka Joint Notary Office

〒420-0853
3rd Floor, Ando Hazama Building, 2-12 Ote-cho, Aoi Ward, Shizuoka City
TEL 054-252-8988
FAX 054-251-0944
Email: shizuoka-koshoyakuba@grace.ocn.ne.jp

Scheduling the Date and Time for Preparing the Notarized Deed

Once the final confirmation of the draft will is complete, we will arrange the date and time for the testator to actually prepare the will at the notary office. Because the notary office's schedule also matters, unless there is particular urgency, the appointment can be expected to be roughly one month after the final confirmation.

To prepare a notarized will, the Civil Code requires two witnesses. The witnesses must be persons other than the testator's heirs. When you request the Yaizu Sogo Law Office, our firm's attorney accompanies you on the day of preparation, so the attorney will serve as one of the witnesses. Please arrange the other witness yourself.

If you have circumstances such as "I cannot ask anyone to be a witness..." or "I want to prepare a will without letting anyone around me know...", our firm's staff can also serve as a witness, so please feel free to ask (please note, however, that a daily allowance for one witness will be charged separately).

Preparing the Notarized Deed at the Notary Office

On the date and time arranged with the notary office, you will actually visit the notary office and prepare the notarized will. On the day, please bring the necessary documents and items, such as the fee to be paid to the notary office, proof of identity and your registered personal seal, the certificate of seal registration (original), and asset-related documents. Details will be communicated in advance by our firm.

In addition, if the testator is in hospital or living in a care facility and cannot go out, the notary can make an on-site visit to the hospital, the facility, the home, or elsewhere (travel expenses are charged separately), so please rest assured.

Preparing a notarized will generally takes about 30 minutes to 1 hour.

Three copies of the will are made — the "original," the "counterpart," and the "transcript" — but only the "counterpart" and the "transcript" are handed to the testator. The "original" is not given to the testator but is stored at the notary office for a long period of time.

The "counterpart" is required after death for withdrawing deposits and savings and for real estate registration procedures, so please keep it safe (even if the counterpart is lost, a reissue is possible at the notary office). If you request the Yaizu Sogo Law Office to handle the posthumous procedures (execution of the will), our firm can store it for you. The "transcript" cannot be used for the procedures available with the "counterpart," but please use it as a copy for when you wish to review the contents of the will.