Holograph wills vs notarised wills: the differences, procedures and what an administrative scrivener can handle

In short: the main forms of will are the holograph will and the notarised will, which differ in form, maker, whether probate is required, and cost. Under current law a holograph will must be entirely written, dated and signed by hand, and sealed. Drafting and preparing a will can be handled by an administrative scrivener, but a notarised will itself is prepared by a notary, legal judgement on the legally reserved portion and disputes by an attorney, tax by a tax accountant, and inheritance registration by a judicial scrivener. The Act partially amending the Civil Code (Act No. 45 of 2026), promulgated on 24 June 2026, provides for making the seal requirement optional and creating a "custody-certificate will", but as of August 2026 neither is in force.

If there is no will, how does the inheritance proceed?

If there is no will, the division is in principle decided by an estate division agreement among all the heirs, recorded in an estate division agreement (Can you prepare an estate division agreement yourself?).

If there is a will, the content of the will takes precedence in principle. However, the legally reserved portion or interpretation of the will may need to be addressed, so it cannot be said that "if there is a will, no agreement is needed at all". Identifying the heirs and assets is necessary before making a will as well; see Where to start with an inheritance.

The three forms of will (holograph, notarised, secret)

The ordinary forms of will under the Civil Code are the holograph will, the notarised will and the secret will (Civil Code, Article 967).

• Holograph will: a will in which the testator writes the entire text, the date and their name by hand and seals it (Article 968).
• Notarised will: a will prepared with the involvement of a notary (Article 969).
• Secret will: a will prepared by the testator, sealed and presented before a notary and witnesses (Article 970).

This article deals in detail with the holograph will and the notarised will, which are central in practice. The secret will is mentioned briefly as a form that requires probate.

What is a holograph will? The Civil Code form and the 2019 relaxation

A holograph will is made when the testator writes the entire text, the date and their name by hand, and seals it (Civil Code, Article 968, paragraph 1). Under current law, sealing is required.

Under the amendment that came into force on 13 January 2019, if a list of the inherited assets is attached to the will, that list does not have to be written by hand (Article 968, paragraph 2). The list may be prepared by computer, with the signature and seal on each page.

A holograph will is inexpensive, but a defect in form can invalidate it. It is important to satisfy the formalities exactly: writing the whole text by hand, stating the date, and sealing.

The holograph will custody system (begun 2020)

From 10 July 2020, a system began for keeping a holograph will at the Legal Affairs Bureau (will custody office) (Act on the Custody of Wills at Legal Affairs Bureaus).

Under this system, a will custodian at the Legal Affairs Bureau externally checks that the deposited will conforms to the form prescribed by law and keeps it. This does not guarantee the content or legal validity of the will, and the bureau does not give advice on the content of a will.

A holograph will kept at the Legal Affairs Bureau does not require probate by the Family Court.

Notification after death: "designated-person notification" and "related will custody notification" differ

There are two kinds of notification after death, and not all heirs are notified automatically.

• Designated-person notification: the testator designates in advance up to three persons to be notified after death. When the death is confirmed, those designated persons are notified that the will is in custody.
• Related will custody notification: when one of the heirs requests delivery of a certificate of will information or requests inspection, the will custodian notifies the other heirs, beneficiaries and executors that the will is in custody.

It is not accurate to say that "all heirs are automatically notified after death". The designated-person notification covers only the persons designated, and the related will custody notification is triggered by someone's request.

What is a notarised will? A form involving a notary

A notarised will is prepared by a notary in the prescribed form, with at least two witnesses present, after the testator states the content of the will orally to the notary (Civil Code, Article 969). The original is kept at the notary's office; an original prepared as an electronic record is kept in a system operated by the Japan Federation of Notaries Associations (see the next section).

Because the testator only needs to be able to state the content orally, a notarised will is also usable by someone who has difficulty writing, and a defect in form is less likely because a notary is involved.

Digitalisation of notarial practice from 1 October 2025

On 1 October 2025, part of the Notary Act was amended (by the Act on the promotion of the use of ICT in civil procedures, etc.), and the procedure for preparing a notarial deed was digitalised.

• For a notarial deed prepared by a notary designated by the Minister of Justice, the deed is, in principle, prepared as an electronic record.
• The original of a notarial deed prepared as an electronic record is kept in a system operated by the Japan Federation of Notaries Associations.
• Electronic signature and e-signature are used in the procedure.
• If certain requirements are met, preparation by web conference (remote method) is also possible.

Because confirming the testator's intention is especially important for a will, whether remote use of a will is permitted is carefully judged by the notary.

The 2026 will-system amendments (optional sealing, custody-certificate will)

On 24 June 2026, the "Act partially amending the Civil Code" (Act No. 45 of 2026) was promulgated. It provides for the following changes to the will system:

• Making the seal requirement optional: an amendment to relax the form so that sealing is not required for a holograph will and similar.
• Creating a "custody-certificate will": a new ordinary form of will prepared using electronic data and the like, meeting the statutory formalities of signing or a substitute measure, stating the whole text orally before a will custodian, and being kept at the Legal Affairs Bureau (Civil Code, Article 968-2).

The dates of coming into force are set by Cabinet Order: within one year of promulgation for the optional sealing, and within three years of promulgation for the custody-certificate will, which requires system development. As of August 2026, neither is in force, and a holograph will still requires a seal under current law.

Comparison of a holograph will and a notarised will

Comparison item	Holograph will	Notarised will
Key formalities	Entire text, date and name written by hand and sealed (the asset list need not be handwritten)	At least two witnesses; the testator states the content orally to a notary
Maker	The testator	A notary (the testator states the content orally)
Witnesses	Not required	At least two required
Probate	Required in principle (not required for one kept at the Legal Affairs Bureau)	Not required
Original kept	At home or at the Legal Affairs Bureau	Notary's office / electronic record kept in the Japan Federation of Notaries Associations system
Main cost	Custody fees if the custody system is used	Notary fee (depending on the value) plus actual costs such as family registers

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Which is suitable is considered in light of the person's situation, assets, desired certainty and cost. We do not assert here that one is unilaterally more advantageous.

Which requires probate? Holograph wills and Family Court probate

Probate is a procedure in which the Family Court confirms the shape, date and signature of a will to prevent forgery or alteration. It is not a procedure to judge whether the will is valid or invalid (Civil Code, Article 1004).

• Holograph will (kept at home): probate required
• Secret will: probate required
• Holograph will kept at the Legal Affairs Bureau: probate not required
• Notarised will: probate not required

Can a will always be revoked or changed?

A testator may at any time revoke all or part of a will in the form prescribed for a will (Civil Code, Article 1022).

If an earlier will conflicts with a later will, the later will is deemed to have revoked the earlier will to the extent of the conflict (Article 1023). If there are multiple wills, it is important to check the dates and the relationship of their contents.

Does a will that infringes the legally reserved portion become invalid?

Even if a will contains content that infringes the legally reserved portion, the whole will does not immediately become invalid. In general, it is understood that this can give rise to a claim for the amount of infringement of the legally reserved portion by the heir whose reserved portion was infringed (Civil Code, Articles 1042 and 1046).

Whether there is a legally reserved portion, its amount, and how a particular will affects it are legal judgements for each case, so no individual judgement is made here. The legally reserved portion and contentious matters are the domain of an attorney.

What an administrative scrivener can and cannot do

Drafting and preparing a will is included in the preparation of "documents concerning rights and obligations or proof of facts" that an administrative scrivener can prepare in the course of business (Administrative Scrivener Act, Article 1-3). The scrivener identifies the heirs, organises the assets, and prepares and documents the will.

The following are handled by different professionals:

• Preparation of the notarial deed itself for a notarised will: a notary;
• Legal judgement such as the legally reserved portion and disputes: an attorney;
• Tax (inheritance tax, etc.): a tax accountant;
• Inheritance registration: a judicial scrivener;
• Sale and management of inherited real estate: a licensed real estate brokerage (Yotsuba Real Estate).

Each is an independent contract, and our office receives no referral fee. The sale and management of inherited real estate is handled by Yotsuba Real Estate Co., Ltd., a separate business from Yotsuba Administrative Scrivener Office, under a separate contract (Complete Guide to Inherited Real Estate (Yotsuba Real Estate)).

How to make a will in Bunkyo

Yotsuba Administrative Scrivener Office (Kohinata, Bunkyo, about five minutes' walk from Myogadani Station) guides you in stages from organising the heirs and assets, to drafting and preparing the will, and to contact and preparation with the notary's office if you choose a notarised will. Consultation is free. For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for the whole picture, see Inheritance, Wills and Trusts.

If a will or inheritance involves a foreign national or an overseas heir, the scope of the family registers and documents changes; that topic will be covered in a future article.

FAQ

Q. Which is better, a holograph will or a notarised will?
A. Which is suitable is considered in light of the person's situation, the assets, the desired certainty and the cost. A holograph will is inexpensive but carries the risk of invalidity from a defect in form. A notarised will is less likely to have a defect in form because a notary is involved, but it costs a notary fee. We do not assert here which is better for any individual case.

Q. Does the asset list in a holograph will have to be handwritten?
A. Under the amendment in force on 13 January 2019, when a list of assets is attached to the will, that list does not have to be handwritten (Civil Code, Article 968, paragraph 2). The list may be prepared by computer, with a signature and seal on each page. The entire text, date and name of the main body, and the seal, are still required.

Q. How much does a notarised will cost?
A. Under the Notary Fees Order, the fee depends on the value of the subject matter (for example: 3,000 yen up to 500,000 yen; 5,000 yen over 500,000 up to 1,000,000 yen; 7,000 yen over 1,000,000 up to 2,000,000 yen; 13,000 yen over 2,000,000 up to 5,000,000 yen), plus 13,000 yen if the total value of the subject matter of the will is 100,000,000 yen or less. Fees can change, so confirm the latest amount with the Japan Federation of Notaries Associations or the notary's office.

Q. Can a will be rewritten any number of times?
A. A testator may at any time revoke all or part of a will in the form prescribed for a will (Civil Code, Article 1022). If an earlier will conflicts with a later will, the later will is deemed to have revoked the earlier will to the extent of the conflict (Article 1023).

Sources (Primary Information)

• Civil Code, Articles 967 to 970 (ordinary forms of will / holograph, notarised, secret)
• Civil Code, Article 968, paragraphs 1 and 2 (form of a holograph will; the asset list need not be handwritten; paragraph 2 in force 13 January 2019)
• Civil Code, Article 968-2 (custody-certificate will; to be introduced by Act No. 45 of 2026, not yet in force)
• Civil Code, Article 1004 (probate of a will)
• Civil Code, Articles 1022 and 1023 (revocation of a will)
• Civil Code, Articles 1042 and 1046 (legally reserved portion; claim for infringement of the reserved portion)
• Act on the Custody of Wills at Legal Affairs Bureaus (holograph will custody system; in force 10 July 2020)
• Ministry of Justice, "Holograph will custody system" (designated-person notification, related will custody notification, external form check)
• Act partially amending the Civil Code (Act No. 45 of 2026, promulgated 24 June 2026; optional sealing within one year and custody-certificate will within three years, by Cabinet Order; not yet in force)
• Notary Act (amended by the Act on the promotion of the use of ICT in civil procedures; in force 1 October 2025)
• Japan Federation of Notaries Associations, "Notarised will", "Digitalisation of notarial practice", "Notary fees"
• Notary Fees Order
• Administrative Scrivener Act, Article 1-3 (scope of business: preparation of documents concerning rights and obligations or proof of facts)

This article provides general information and does not guarantee the permissibility, form, effect or impact on the legally reserved portion of any individual will. Individual judgements are made by a qualified professional after an interview. A notarised will is prepared by a notary, the legally reserved portion and disputes by an attorney, tax by a tax accountant, inheritance registration by a judicial scrivener, and real estate by a licensed real estate brokerage, each as an independent business under a separate contract. Our office receives no referral fee. Written by Joji Uramatsu (Administrative Scrivener and Real Estate Transaction Specialist).