• I want to consult about inheritance in the Yaizu, Yoshida, Makinohara, Fujieda, and Omaezaki area
• I want to learn about holographic wills
• I want to learn about the custody system for holographic wills
• I want to prepare a will as part of end-of-life planning

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.

Holographic Wills and Their Issues

In recent years, end-of-life planning has become an increasingly popular topic, and the number of people consulting our office about it has been on the rise. As part of end-of-life planning, preparing a will is important to reduce the burden on your surviving family and to enrich your own future life.

Among various types of wills, a holographic will (Article 968 of the Civil Code) refers to a will in which the testator personally handwrites the entire text, date, and name, and affixes a seal.

Compared to a notarized will (Article 969 of the Civil Code), many people chose holographic wills because of their simplicity when preparing a will.

However, while holographic wills are convenient, they have been criticized for issues such as formal deficiencies, the risk of loss, the risk of alteration, destruction, or concealment by others, and inheritance disputes caused by ambiguous content.

As one measure to address these issues, the "Custody System for Holographic Wills at the Legal Affairs Bureau" was established.

Practical Supplement

In actual practice, holographic wills are frequently deemed "invalid" for reasons such as:

• The date is missing
• The signature is missing
• The correction method is incorrect
• The main text is printed (not handwritten)

For these reasons, numerous cases arise where holographic wills are judged to be "invalid."

The greatest weakness of holographic wills is the extremely high risk that a will you took the effort to prepare becomes meaningless.

What Is the Custody System for Holographic Wills?

This system allows the Legal Affairs Bureau (Will Custody Office) to hold holographic wills prepared by testators. At the time of custody, Legal Affairs Bureau staff verify formal requirements in accordance with the provisions of the Civil Code, and thereafter the Legal Affairs Bureau properly manages the will for an extended period. Previously, when a testator who had made a holographic will passed away, it was necessary to undergo probate proceedings at the family court. By utilizing the custody system for holographic wills, this family court probate process becomes unnecessary.

Key Points

By using this system, you can enjoy the following significant benefits:

• The Legal Affairs Bureau performs a formal check of the will
• The risk of loss, concealment, or alteration is virtually zero
• "Probate" after the commencement of inheritance is unnecessary
• Inheritance procedures can begin immediately

In other words, this system can be described as having an intermediate level of security between a "self-made will" and a "notarized will."

The details of the system are described on the website of the Ministry of Justice, but the outline is as follows.

Outline of the Custody System

1. Where to File the Custody Application

The custody application for a holographic will is filed at the Will Custody Office (Legal Affairs Bureau) having jurisdiction over any of the following (Article 4, Paragraph 3 of the Act on Custody of Wills at Legal Affairs Bureaus).

Since the management is unified nationwide regardless of where the application is filed, there is no problem even if heirs are located far away.

• (a) The testator's place of residence
• (b) The testator's registered domicile
• (c) The location of real property owned by the testator

2. How to File a Custody Application for a Holographic Will

To file a custody application for a will, the testator must personally appear at the Will Custody Office (Article 4, Paragraph 6 of the Act on Custody of Wills at Legal Affairs Bureaus). This is so that the Will Custody Officer can confirm that the will was prepared by the testator. In addition to the holographic will, the application must be accompanied by the application form and supporting documents (such as a certificate of residence showing the registered domicile, and identification documents such as a driver's license or My Number Card), as well as the required fee. Once the custody application is accepted, a custody certificate bearing the testator's name, date of birth, and custody number will be issued.

Practical Cautions

• Application by proxy is not permitted (the testator must appear in person)
• The Legal Affairs Bureau does not make judgments on the "validity or invalidity" of the will's content (only formal aspects are verified)
• If you have concerns about the content, it is extremely important to have an attorney review it in advance.

Summary

The above is an overview of the custody system for holographic wills. While this system can compensate for the disadvantages of holographic wills, if you want to be fully prepared, we still recommend preparing your will as a notarized will (for more details on notarized wills, please also refer to the article "I Want to Prepare a Will").

In particular,

• You own multiple real properties
• You are in a common-law relationship or have remarried
• You have children from a previous marriage
• You absolutely want to prevent inheritance disputes

For those in such situations, the custody system alone is often insufficient, and we strongly recommend a notarized will.

At Yaizu General Law Office, we provide appropriate advice on what type of will is best suited to your individual circumstances. Please feel free to consult with us.

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