Modification of Japanese Inheritance Law – Holographic Will or Attested Will?

Japanese Inheritance Law (within Civil Law) was modified in this summer of 2018, which had not been modified for 40 years. It is possible this modification will be effective earlier than the modification of Civil Law, parts of right in rem and right in personam, because inheritance parts will be effective within two years at the latest provision, which will occur until the summer of 2020, and previous modification parts are effective within three years from the execution, which will occur until the middle June of 2020.  I was actaully surprised since I thought I had still time to understand the modification (tons of law modified recently, which are also important for my business as well) which may be effective later than the earlier modification for rights in rem and personam.

Through the net surfing, try to find the good summarization of the new law, the best URL for understating is 政府広報オンライン(no English available). I can’t guarantee the accuracy of the contents, but the following documents 大和総研  created by Daiwa Soken, are easy to understand – comparing the old and new provisions and simple explanation for each provision. Please check if you are interested in the detailed modification.

I heard the purpose of the modification of civil law this time is to state the rules clearly since unclear definition of the provisions caused the disputes and the statements are made on the basis of the previous cases solving such dispute – assuming this concept applies the inheritance parts as well. Widow or widower’s short or long stay of the residence (the provision states the right of residence for a short or long period for widow or widower who had been living together with the deceased owner’s house when the beginning of the process of inheritance – meaning the owner was died), or special contribution system (the person, who was not related to the deceased and contributed the maintenance or increasing of the assets of deceased by its own labor, recapturing or caring for the deceased, has a right to claim the monetary compensation), are good correction of unfairness. Moreover, I feel the modification is very reasonable with respect to the claim right of legally secured portion (the person, whose legal portion of the inheritance is interrupted by the portion granted to others, can claim the percentage of the portion by monetary value).

What I do not clearly understand the purpose or intent is the portion of the holographic will’s substitution system.

Holographic will is the handwritten by the person who want to write the will and made & executed by without notary public, nor witnesses. To notarize, the testator has to certify his/her asset by submitting testator’s or beneficiaries’ census registrations, deeds or any other certificate of the properties.  Holographic will is made, at the time of execution, without witnessed by third party, without having such certificates – therefore, it is possible to write another person but testator and authentication is required to be valid. Holographic become valid will after the verification of family court. Previously, testator (who want to write a will) plan to write holographic will, and gives his/her specific asset to the specific person,  has to write the handwritten from the beginning to all the asset lists- which is huge burden for the testator. This provision was modified – the testator, will create holographic will write the provision by handwritten but can attach the asset lists by typing with the registration certificate or the duplicate of bank note as attachment. If the testator submits the holographic will to the branch of legal bureau, it stores the will.  When one of the beneficiaries requests the duplicate of the will, the branch notifies all beneficiaries one requested the duplicate copy. On the other hand, when the will is restored as public record in the notary public, no notice will be given to the beneficiaries even the testator is deceased until the executor of the deceased notifies to the beneficiaries. Of course, the testator is at lease required to tell some person or one of the beneficiaries that he wrote and submitted his will to the branch.

I presume that the true intent of this modification with respect to holographic will is that Justice Ministry wanted to give priority to Holographic will less attested will, notarized by Notary Public. To notarize, the testator has to visit (or asked notary public officer to come to his place) Notary Public, which is not the part of the legal bureau. This modification makes the conflict of the role of Notary Public and Legal Bureau. We heard such the issue, conflict between Justice Ministry and Notary Public recently, that Justice Ministry were called upon to modify the process of company establishment by the integration – all the process can be done at Legal Bureau and such idea was dead set against the notary public association. Notary Public officer are previously worked as attorney generals, judges and notary public are golden parachute of such retired public officers. Notary Public is not parts of the government and the income are administered by each notary public. I, personally, have good feeling for the officers because they are generally kind and can respond my complicate questions – on the contrary, the officer of legal bureau are bureaucratic and not so good attitude once I introduced myself as Gyosei Shoshi, comparing with Shiho Shoshi, affiliating with the same province as Legal Bureau. Generally, notary public of foreign country, only certifies the signature of the declarant – in Japan, notary public has more authority than foreign notary and checks the draft document or assist the legal matter.

Turn on the road – this modification – holographic storage system part will be effective within two years fro this summer, which will be longest period of any other inheritance modification. So, will see what happen next for a while.