If a 'bequeath to this heir' will's beneficiary dies first, does the grandchild inherit instead?

In short: where a will says "bequeath a specific asset to a specific heir" (a specific-property succession will — the term defined in Civil Code Article 1014, paragraph 2 as "a will designating a method of estate division that causes specific property belonging to the estate to be succeeded to by one or more of the co-heirs"), and the heir who was to receive the property died before the testator, that heir's child (a grandchild from the testator's view) does not, as a rule, inherit in their place. The Supreme Court, Third Petty Bench, judgment of 22 February 2011 (Minshu vol. 65, no. 2, p. 699) held that a "bequeath" will does not take effect unless there are special circumstances from which it should be seen that the testator intended the property to pass to a substitute of that presumptive heir or to some other person. For bequests (izo), Civil Code Article 994, paragraph 1 expressly provides that "a bequest does not take effect if the beneficiary dies before the testator," and Article 995 provides that the property then vests in the heirs. An asset for which the clause lapses is treated as if there were no will for that part, and is divided by the statutory shares and the estate-division agreement. To ensure the property passes to a further generation, you prepare for it with a substitutionary (backup) will — a supplementary clause naming the next-in-line successor. Drafting the will is for an administrative scrivener, notarisation for a notary (notary office), inheritance registration for a judicial scrivener, inheritance tax for a tax accountant, and any dispute among heirs for a lawyer — each on the premise that you contract separately as an independent business. Sale and management of inherited real estate is handled by Yotsuba Real Estate Co., Ltd., a separate business. This article is general information and does not fix the validity or effect of an individual will. Our office receives no referral fee.

What is a "bequeath to this heir" will (a specific-property succession will)?

A will that has a specific heir take a specific asset — "bequeath the home land and building to the eldest son," "bequeath this business asset to the second daughter" — is called, in practice, a "bequeath" will. The relevant amendment to the inheritance law, effective 1 July 2019, introduced the defined term "specific-property succession will" in Civil Code Article 1014, paragraph 2. The provision describes it as "a will designating a method of estate division that causes specific property belonging to the estate to be succeeded to by one or more of the co-heirs."

The point is that the recipient is an "heir." This differs in legal nature from a "bequest" (izo), which gives property to someone who is not an heir (for example a grandchild, a common-law spouse, or a corporation). A "bequeath" will is, as a rule, construed as a designation of the method of estate division (or as one accompanied by a designation of shares), and ordinarily the asset passes to that heir at the moment succession opens. This difference in wording can split the outcome in the pre-death situation we look at below. For the full picture of the difference from a bequest, see How does a "bequeath" will differ from a bequest?.

If the beneficiary heir dies before the testator, does their child (a grandchild) inherit by substitution?

As a rule, per-stirpes substitution does not occur. This is a common misunderstanding.

In ordinary succession (where there is no will), if the child who would be an heir died before succession opened, that child's child (a grandchild) inherits by substitution (Civil Code Article 887, paragraph 2). So one is tempted to think, "if the child who was to receive the property under the will died first, surely the grandchild substitutes in the same way." But where the heir who receives property under a "bequeath" will (the beneficiary heir) dies before the testator, the substitution rule does not apply as it stands.

Situation	Does the grandchild (substitute) automatically succeed?	Note
No will, and the heir's child died first	Yes (per-stirpes succession)	Civil Code Article 887, paragraph 2
A "bequeath" will, and the beneficiary heir died before the testator	As a rule, no	Supreme Court, 22 February 2011 judgment
A bequest, and the beneficiary died before the testator	No (the bequest does not take effect)	Civil Code Article 994, paragraph 1

The reason lies in the Supreme Court's approach, covered in the next heading. Because a will is a system for realising the testator's intention, one must read from the wording and circumstances whether the intention was "to have that asset pass to that very person," or "to have it pass down to that person's family line (the grandchild)." For the scope of per-stirpes succession itself, see Who are the heirs? The scope of per-stirpes and re-substitute succession.

How has the Supreme Court judged the effect of such a will?

The Supreme Court, Third Petty Bench, judgment of 22 February 2011 (Minshu vol. 65, no. 2, p. 699) held as follows: a "bequeath" will, where the presumptive heir designated to succeed to the estate under it died before the testator, does not take effect unless there are special circumstances from which it should be seen that the testator intended the estate to pass to a substitute of that presumptive heir or to some other person.

In that case, the testator had made a notarial will leaving "all property to a certain child," but that child died before the testator, and the testator then died. The Supreme Court concluded that, absent special circumstances, the will did not take effect.

In other words, the dividing line is whether there are "special circumstances." If it can be found that the testator intended the property to pass to the substitute (that child, i.e., a grandchild) or to some other person should the beneficiary heir die first, there is room for the will to take effect. Conversely, if no such intention can be read, the clause does not take effect. Which it is depends individually on the whole wording of the will, the circumstances of its making, and the relationship between the testator and the beneficiary heir or substitute; it is not decided uniformly. The final judgment on which category an individual will falls into is made by a qualified professional.

When the clause loses effect, how is the asset divided?

The asset that was the object of a "bequeath" clause that did not take effect is, for that part, in the same state as if the will had not designated a successor. Therefore that asset becomes the object of estate division by the co-heirs, and is divided — starting from the statutory shares — by an estate-division agreement among all the heirs.

For reference, here is the express rule for a bequest. For a bequest, if the beneficiary dies before the testator the bequest does not take effect (Civil Code Article 994, paragraph 1), and the object of a bequest that does not take effect vests in the heirs unless the testator has expressed a different intention (Civil Code Article 995). A "bequeath" will differs in nature from a bequest, but the two are close in that, when the beneficiary dies first, the property does not automatically pass down a generation and the asset returns to the arena of ordinary succession and estate division.

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Destination set by the will	Default rule when the beneficiary dies first
"Bequeath" clause (to an heir)	Without special circumstances the clause does not take effect, and the asset returns to estate division
Bequest (may be to a non-heir)	The bequest does not take effect; the object vests in the heirs (Civil Code Articles 994 and 995)

Preparation of the estate-division agreement (where there is no dispute among heirs) can be supported by an administrative scrivener, but negotiation, mediation and adjudication where there is a dispute over how to divide are a lawyer's work. See also Inheritance Services.

How do you prepare with a substitutionary (backup) will, and whom do you ask for drafting, notarisation and registration?

If you want to ensure the property passes to a further generation, or to decide for yourself where it goes should the beneficiary heir die first, prepare with a substitutionary (backup) will. For example, "bequeath to the eldest son; if the eldest son dies before me, bequeath to the eldest son's child, my grandchild X" — writing the next-in-line successor in advance. With this, even if the beneficiary heir dies first, the destination of that asset is fixed by the will.

Step	Who handles it (each as an independent business under a separate contract)
Drafting the will (including the backup clause) and organising the required documents	Administrative scrivener
Making the notarial will, witnesses, and keeping the original	Notary (notary office)
Inheritance registration (name change of real estate) after succession opens	Judicial scrivener
Filing and valuation for inheritance tax	Tax accountant
Negotiation, mediation and adjudication where there is a dispute among heirs	Lawyer
Sale, management and appraisal of inherited real estate	Real estate broker (Yotsuba Real Estate Co., Ltd., a separate business)

What the administrative scrivener handles is hearing your wishes, drafting the will (including the backup clause), and organising the attached materials. Whether to make it a notarial will, arranging witnesses, and keeping the original are done at the notary office. For the fees and procedure of a notarial will, see Fees and witnesses for a notarial will; for the difference between a holographic and a notarial will, see A holographic will and a notarial will. For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule. Sale and management of inherited real estate is handled by Yotsuba Real Estate Co., Ltd., a separate business; for the real estate inheritance window, see also Inheritance General Guide. Our office receives no referral fee.

FAQ

Q. With a will that says "bequeath to the eldest son," if the eldest son dies before me, does the son's child (a grandchild) automatically inherit?
A. As a rule, not automatically. The Supreme Court, Third Petty Bench, judgment of 22 February 2011 held that a "bequeath" will does not take effect unless there are special circumstances from which it should be seen that the testator intended the property to pass to a substitute or some other person. If you want to be sure it passes to the grandchild, we recommend writing the next-in-line successor in a substitutionary will.

Q. Is it the same for a bequest when the person who was to receive it dies first?
A. For a bequest there is an express rule. If the beneficiary dies before the testator, the bequest does not take effect (Civil Code Article 994, paragraph 1), and its object vests in the heirs unless a different intention is expressed (Civil Code Article 995). A "bequeath" will differs in nature from a bequest, but shares the feature that it does not automatically pass down a generation when the beneficiary dies first.

Q. What ultimately happens to an asset whose clause lost effect?
A. For that asset there is no designated successor under the will, so it becomes the object of estate division by the co-heirs. Starting from the statutory shares, it is divided by an estate-division agreement among all the heirs. Negotiation, mediation and adjudication where there is a dispute over how to divide are a lawyer's work.

Q. Can I ask an administrative scrivener for a substitutionary will? Can they also judge the will's validity?
A. An administrative scrivener can support drafting the will (including the backup clause) and organising the required documents. However, the final judgment on whether an individual will is valid or invalid, or whether special circumstances exist, is not made by general information like this article but by a qualified professional in light of the individual circumstances. Notarisation is at the notary office, inheritance registration is for a judicial scrivener, and a disputed case is for a lawyer — each contracted separately as an independent business.

Sources (Primary Information)

• e-Gov Law Search, "Civil Code" (Act No. 89 of 1896), Article 887, paragraph 2 (per-stirpes succession of a child), Article 994, paragraph 1 (a bequest does not take effect if the beneficiary dies before the testator), Article 995 (the object of a bequest that does not take effect vests in the heirs; if a different intention is expressed, that intention governs), and Article 1014, paragraph 2 (definition of a specific-property succession will) (accessed 2026-10-14)
• Supreme Court, Third Petty Bench, judgment of 22 February 2011 (Minshu vol. 65, no. 2, p. 699), holding that, where the presumptive heir designated to succeed to the estate under a "bequeath" will died before the testator, the will does not take effect unless there are special circumstances from which it should be seen that the testator intended the estate to pass to a substitute of that presumptive heir or to some other person (accessed 2026-10-14)
• Ministry of Justice, "On the Act Partially Amending the Civil Code and the Domestic Relations Case Procedure Act (reform of inheritance law)" (explanation of the 2019 amendment regarding the specific-property succession will) (accessed 2026-10-14)
• Japan National Notaries Association and notary offices, "Notarial wills" guidance (the approach to witnesses, keeping the original and fees; confirm the specific fees and procedure at the notary office at the time of making) (accessed 2026-10-14)

This article is general information and does not fix or guarantee the validity or invalidity of an individual will, the existence of special circumstances, the success of substitution, or the successor. Drafting the will and organising the required documents are for an administrative scrivener, notarisation for a notary (notary office), inheritance registration for a judicial scrivener, inheritance and other tax for a tax accountant, and negotiation, mediation and adjudication in a disputed case for a lawyer — each as an independent business under a separate contract. Sale and management of inherited real estate is handled by Yotsuba Real Estate Co., Ltd., a separate business, and our office receives no referral fee. The effect of an individual will is judged, after confirming the wording and circumstances, by a qualified professional where needed. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.