• I want to consult about end-of-life planning and inheritance in the Yaizu, Yoshida-cho, Makinohara, Fujieda, and Omaezaki area
• I want to know about executors of a will
• Is an executor of a will mandatory?
• What difference does it make to appoint a lawyer as the executor?

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.

Authority of the Executor of a Will

From clients who wish to prepare a will, we often receive the question, "Should we appoint an executor of the will?" In this section, we explain the legal status and authority of the executor of a will in accordance with the provisions of the Civil Code.

For a person who wishes to prepare a will, it is extremely important whether the contents of the will will be executed after his or her death. The executor of a will is, exactly speaking, the person who executes the contents stated in the will. The rights and obligations of the executor of a will are provided in the Civil Code as follows.

NOTICE

Article 1012
1　The executor of a will has the right and obligation to perform any and all acts necessary for the administration of the estate and for the execution of the will in order to realize the contents of the will.
2　Where there is an executor of the will, the performance of the will may be carried out only by the executor of the will.

By designating an executor of the will in the will, it becomes possible to "realize the contents of the will." Therefore, when preparing a will, it can be said that a trustworthy executor should be selected and designated in advance.

Practical Points

• Where there is an executor of the will, the heirs may not dispose of the estate at their own discretion
• A will without an executor becomes, in effect, a will "left entirely to the cooperation of the heirs"
• In cases where the heirs are in conflict with one another, the outcome changes significantly depending on whether or not an executor exists

Execution of a Will Concerning Real Estate

If a will provides that "the following real estate shall be caused to be inherited by A," how, concretely, does the executor of the will realize this?

Article 1014, Paragraph 2 of the Civil Code contains the provision that "where there is a will to the effect that a specific property belonging to the estate is to be succeeded to by one or more co-heirs as a designation of the method of partition of the estate (hereinafter referred to as a 'will for the succession of specific property'), the executor of the will may perform the acts necessary for the relevant co-heirs to satisfy the requirements for perfection set forth in Article 899-2, Paragraph 1."

Based on this provision, unless the decedent has expressed a contrary intention, the executor of the will may, independently and as a statutory agent, file an application for registration of the transfer of rights by succession.

The executor of the will will file an application for inheritance registration designating A as the heir.

On the other hand, the heir A himself or herself may also carry out the inheritance registration in person.

Practical Points

• Where there is an executor of the will, the Legal Affairs Bureau tends in practice to strongly require that the application be made by the executor
• Where there is conflict among the heirs, the registration often does not proceed with heir A alone
• In many cases, the involvement of the executor of the will (particularly a lawyer) allows the registration to be completed smoothly

Execution of a Will Concerning Deposits and Savings

Next, if a will provides that "the deposits and savings in the name of the testator at ●● Bank shall be caused to be inherited by A and B, each in the amount of one-half," how, concretely, does the executor of the will realize this?

Article 1014, Paragraph 2 of the Civil Code contains the provision that "where there is a will to the effect that a specific property belonging to the estate is to be succeeded to by one or more co-heirs as a designation of the method of partition of the estate (hereinafter referred to as a 'will for the succession of specific property'), the executor of the will may perform the acts necessary for the relevant co-heirs to satisfy the requirements for perfection set forth in Article 899-2, Paragraph 1."

Furthermore, Paragraph 3 of the same Article provides that "3　where the property referred to in the preceding paragraph is a claim for deposits or savings, the executor of the will may, in addition to the acts provided for in that paragraph, make a request for the payment of such deposits or savings and give notice of termination of the contracts relating to such deposits or savings; provided, however, that notice of termination may be given only where the entire claim for deposits or savings is the subject matter of the will for the succession of specific property."

Based on this provision, the executor of the will will, for example, ① file a request with the bank for approval of a change of the name on the deposit or savings account, and ② request the payment of the deposits or savings and give notice of termination of the contracts relating thereto.

Because the required documents and forms for ① and ② differ from bank to bank, the actual procedures may take one month or longer.

Common Troubles in Practice

• One of the heirs does not cooperate in submitting the documents
• The certificates of seal impression cannot be collected
• Each bank requires different documents, and the procedures become prolonged

→In such cases, the procedures very often move forward all at once when the executor of the will (particularly a lawyer) serves as the point of contact.

"Who" to Appoint as the Executor Is Extremely Important

The following

• One of the heirs
• A third party (a relative or an acquaintance)
• A professional (a lawyer, judicial scrivener, etc.)

may be designated as the executor of the will.

However, in practice the following tendencies are observed.

If an heir is appointed as the executor of the will...	He or she is suspected by the other heirs of "favoritism" and of being "unfair," and disputes tend to intensify
If a third party (an acquaintance) is designated...	In many cases, the person is unfamiliar with the procedures and resigns partway through
If a lawyer is designated...	Acting from a neutral standpoint and coordinating with the registry office, financial institutions, and others, the lawyer lets the procedures proceed most quickly and safely

In particular,

• There is emotional conflict among the heirs
• There are multiple real properties, deposits, or savings
• De facto marital relationships, remarriage, legacies, or the like are involved

in such cases, there are not a few situations in which designating a lawyer as the executor of the will may be called "almost indispensable in practice."

If the Executor Does Not Act or Resigns

• The executor does nothing, remaining an executor in name only
• The executor has become unable to act due to old age or illness
• The executor has resigned partway through

In such cases, it is possible to file a petition with the family court for the appointment of an executor of the will (Article 1010 of the Civil Code).

Such a petition likewise requires specialized procedures, such as the handling of family registers, the will, and proof of the parties' interests.

Summary

The executor of the will,

• the inheritance registration of real estate
• the termination of, and change of name on, deposits and savings
• the execution of legacies

and the like — the executor is the very "operational task force" of the inheritance procedures.

No matter how excellent a will one writes as part of end-of-life planning, if the executor of the will who is to carry it out does not function, the will ends up as a "pie in the sky."

"Writing a will" and "realizing a will" are entirely different matters.

Most inheritance disputes arise not from the contents of the will but at the "stage of execution."

It is precisely an estate design that extends to the execution of the will that constitutes, in the true sense, a "measure for a harmonious succession."

For those in and around Yaizu, Yoshida-cho, Makinohara, Fujieda, and Omaezaki who are unsure whom to appoint as the executor of a will, who are troubled over candidates for executor, or who are already in a dispute over the execution of a will, please feel free to consult the Yaizu Sogo Law Office.

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