• I want to consult about end-of-life planning and inheritance in the Yaizu, Yoshida-cho, Makinohara, Fujieda, and Ohmaezaki area
• I want to learn about wills
• I thought a will could only state how property is to be divided
• I do not know to what extent my wishes can be made legally effective

Are you facing any of these issues in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or other nearby areas?
At Yaizu Sogo Law Office, we offer a free first-time legal consultation on inheritance and estate matters. Consulting us once does not obligate you to retain us. We are also available on weekday evenings and on Saturdays. Please feel free to contact us by phone or email.

Matters That Can Be Provided for by Will

The Civil Code and other laws contain the following provisions on testamentary matters that can be provided for by will. Matters other than the following (for example, a message to the heirs, or the decedent's wishes regarding the funeral or the interment of ashes) can also be written as supplementary remarks.

Key Distinction

Testamentary matters	legally effective
Supplementary remarks	not legally binding, but they convey a strong message to the heirs

If this distinction is confused, the result is a will in which "the wishes were conveyed, but nothing has been legally decided."

AS FOLLOWS

• ①　Recognition of a child (Civil Code Art. 781(2))
• ②　Designation of a guardian of a minor and a supervisor of guardianship (Civil Code Arts. 839 and 848)
• ③　Disinheritance of an heir and its revocation (Civil Code Arts. 893 and 894)
• ④　Designation of a successor to ancestral rites (Civil Code Art. 897)
• ⑤　Designation of inheritance shares, etc. (Civil Code Art. 902)
• ⑥　Expression of intent to exempt a gift from collation (amended Civil Code Art. 903(2))
• ⑦　Designation of the method of partition of the estate, etc., and prohibition of partition (Civil Code Art. 908)
• ⑧　Provisions on warranty liability by will (Civil Code Art. 914)
• ⑨　Universal and specific bequests (Civil Code Art. 964)
• ⑩　Designation of an executor of the will, etc. (Civil Code Art. 1006)
• ⑪　Provisions differing on the duration of the spouse's right of residence (amended Civil Code Art. 1030)
• ⑫　Expression of intent regarding the burden of the amount of infringement of the legally reserved share (amended Civil Code Art. 1047(1)(ii))
• ⑬　Establishment of an incorporated foundation (Act on General Incorporated Associations and General Incorporated Foundations Art. 152(2))
• ⑭　Creation of a trust (Trust Act Art. 3(2))
• ⑮　Change of the insurance beneficiary (Insurance Act Arts. 44 and 73)

Testamentary Matters in the Narrow Sense (Matters That Can Be Provided for Only by Will)

Among these, ②, ⑤, ⑦, ⑧, ⑨, ⑩, and ⑫ are called "testamentary matters in the narrow sense" and can be provided for only by will.

As discussed in another article, testamentary matters must clearly state the scope of the property they cover and the method of division, etc., so that doubts do not later arise over their interpretation. When preparing a will, therefore, please consult a lawyer or other professional and seek advice.

Practical Points

These matters have no legal effect if done by:

• Contracts made during one's lifetime
• Verbal promises
• Memoranda

or the like.

These are extremely important matters that become legally effective only when made in the form of a will.

Each Testamentary Matter (Selected Commentary)

Designation of inheritance shares (⑤)

The estate can be divided in shares different from the statutory shares.

Example: "one half to the wife, one quarter to the eldest son, and one quarter to the eldest daughter."

As a point of caution, if the disposition infringes the legally reserved share, it becomes subject to a claim for the amount of infringement of the legally reserved share.

Designation of the method of partition and prohibition of partition (⑦)

You can even specify which heir is to acquire which real estate or bank deposits.

It is also possible to prohibit the partition of the estate for up to five years.

In practice, this is often used in cases such as "I do not want the house to be sold while my spouse is alive."

Universal and specific bequests (⑨)

Property can also be given by will to persons other than the heirs (a common-law spouse, nephews and nieces, third parties, corporations, etc.).

A common-law spouse has no statutory right of inheritance at all, so if no will is written, he or she may be unable to acquire a single yen.

Designation of an executor of the will (⑩)

You can designate a "person in charge of the procedures" for carrying out the contents of the will.

If a dispute among the heirs is anticipated, it is safer to designate a third party (a lawyer). In wills that do not designate an executor, disputes often become protracted after the inheritance opens over the question of "who is to handle the procedures."

Supplementary Remarks (Not Legally Binding, but Important Messages)

Words of gratitude to the heirs, the reasons for the division of the estate, words of appreciation for their caregiving, hopes for the future, and the like can be written in a will as supplementary remarks.

Although they have no legal effect, they have a great influence on the heirs emotionally and are often extremely effective in preventing disputes. Wills with carefully written supplementary remarks quite often result in "a marked reduction in disputes over the division of the estate" or "the withdrawal of a claim based on the legally reserved share."

Summary

The matters that can be provided for by will are:

• designation of inheritance shares
• how the estate is to be divided
• bequests to persons other than the heirs
• designation of a guardian and an executor of the will
• succession to ancestral rites, the spouse's right of residence, and the creation of trusts, etc.

The scope is very wide, and it is possible to create a blueprint for the entire succession.

A will, as part of end-of-life planning, is

• "how to divide the property"
• "feelings toward the family"
• "prevention of future disputes"

— the final and most important legal document of one's life, by which all of these can be realized at the same time.

Before preparing one on your own, we strongly recommend that you always have it checked by a professional at least once.

If you are in the Yaizu, Yoshida-cho, Makinohara, Fujieda, or Ohmaezaki area and have questions such as "What should I write in my will?" or "Is this content legally effective?", please feel free to consult the Yaizu Sogo Law Office — whether before creating your will or for confirmation after creating it.

Frequently Asked Questions

For Your Inheritance Concerns, Consult Yaizu Sogo Law Office

Yaizu Sogo Law Office handles a wide range of inheritance-related matters, including the drafting and execution of wills, renunciation of inheritance, division of estate, and claims for reduction of the statutory reserved share (iryubun).

Inheritance disputes are so notorious for the intense emotional conflict they stir up among heirs — hence their nickname, the "inheritance war" — that disputes can drag on for a long time. This is why consulting a lawyer offers significant benefits.

If you are facing an inheritance issue, please feel free to consult us. The first consultation on inheritance matters is free of charge.

At Yaizu Sogo Law Office, consultations are available not only during weekday daytime hours but also on weekday evenings and on Saturdays. Please call or email us first to make an appointment for a legal consultation.

Are You Troubled by an Inheritance Issue?

• Creating a Will for End-of-Life Planning
• Disputes over How to Divide an Estate (Estate Division)
• Claiming Your Reserved Share of an Estate (Claim for Infringement of Legally Reserved Portion)
• A Family Member Passed Away Leaving Debts Behind (Renunciation of Inheritance)
• Dissatisfied with the Contents of a Will
• Dividing an Inheritance
• What You Need to Know About Filing for Custody of a Holographic Will
• Wills That Bequeath Property Exceeding the Statutory Share of Inheritance to a Specific Heir
• Finding Out Which Court Handles Inheritance Division Mediation
• About the Process of Creating a Notarized Will
• I found a will, but is it all right to open it? (Inspection of a will)
• The Validity of a Will When the Intended Recipient (Legatee) Dies First
• I want to know about the cost of preparing a notarized will
• Can an Estate Division Different from the Will Be Made?
• I want to know what can be specified in a will
• Requirements for a Self-Written Will (Holographic Will)
• I want to correct an error in a handwritten will I made previously
• About the Executor of a Will
• How Life Insurance Proceeds Are Treated in an Inheritance Division Agreement Where the Beneficiary Is Designated as an Heir
• If I renounce my inheritance, who will manage the family grave?
• Want the State to take over inherited land (the Inherited Land National Attribution System)
• Do You Inherit Debts Even After Years of No Contact with Your Parents?

See all articles on inheritance