Rewriting a will, or several wills turning up: how revocation and conflicting-provision priority are decided

In short: a will may be revoked, in whole or in part, at any time by the method of a will (Civil Code, Article 1022). Where a later will conflicts with an earlier one, the conflicting part is deemed revoked by the later will, and the non-conflicting part of the earlier will remains valid (Article 1023(1)). A lifetime disposition after the will, such as a gift or sale, that conflicts with the will is likewise deemed to have revoked that conflicting part (Article 1023(2)). If the testator intentionally destroys the will, that part is deemed revoked (Article 1024). When several wills turn up, in principle the one with the later date prevails, but a holographic will whose date cannot be identified may be void. This article is general information; the final judgement on the validity of a particular will rests with a qualified professional and, where there is a dispute, with the family court.

How do you revoke a will? (a new will, or destruction)

A testator may, at any time, revoke the whole or a part of a will by the method of a will (Civil Code, Article 1022). What matters here is that the revocation, too, must be made by the "method of a will," yet it need not be the same method as the earlier will. For example, a notarised will may be revoked by a later holographic will (on condition that its method is valid). Besides making a revoking will that states in terms "I revoke the earlier will," you can also make a new will with different content (revocation by conflict; see below).

Another method of revocation is destroying the will itself. Where a testator intentionally destroys the will, that part is deemed to have revoked the will (Civil Code, Article 1024, first sentence). The same applies where the testator intentionally destroys the object of a bequest (same Article, latter sentence). However, revocation by destruction mainly works for a holographic will whose original the testator keeps at hand. Because the original of a notarised will is kept at the notary's office, tearing up your copy at hand is not a revocation, and you must revoke it anew by the method of a will. A holographic will deposited with the Legal Affairs Bureau likewise is not in your hands, so a procedure such as withdrawing the deposit application is needed. The differences among will methods are organised in The difference between holographic and notarised wills.

Also, a testator may not waive the right to revoke a will (Civil Code, Article 1026). Even if you write "I will not revoke this will hereafter," that clause has no legal binding force, and a later revocation is not barred.

How far does a new will cancel an old one? (the scope of conflict)

Where an earlier will and a later will conflict, the conflicting part is deemed revoked by the later will (Civil Code, Article 1023(1)). The point is that a later will does not necessarily cancel the "whole" of the earlier one. What is cancelled is only the conflicting part; the non-conflicting part keeps the earlier will's effect.

For instance, if the earlier will provides "the home to A, the deposits to B" and the later will provides "the home to C," then, as to the home, A (earlier) and C (later) conflict, so the content giving it to C under the later will prevails. Meanwhile, the part giving the deposits to B does not conflict with the later will, so B receives them under the earlier will as it stands. Thus several wills are not necessarily "only the newest one fully valid"; the priority is judged part by part according to conflict.

The scope of "conflict" is not limited to cases where the wording clashes head-on. Case law reads it fairly broadly, so that it also includes cases where, judging from the content of the later disposition, it is clear that the later will or disposition was made with the intent not to let it coexist with the earlier will. Evaluating which part conflicts is an individual judgement, and if the heirs' readings diverge and it becomes a dispute, it is ultimately decided by the family court or the courts. Assertion and proof in a dispute are an attorney's work.

Does a lifetime gift or sale after the will revoke that part of it?

Yes. The Civil Code, Article 1023(2), provides that the preceding paragraph (conflict between wills) applies mutatis mutandis where a will conflicts with "a lifetime disposition or other juristic act after the will." That is, where, after making a will, the testator makes a lifetime gift or sale whose content conflicts with the will, that conflicting part is deemed to have revoked the will.

For example, if, after willing "the home shall be succeeded to by the eldest son," the testator sells that home to a third party or gives it to someone else during life, the part giving the home to the eldest son is treated as revoked. In other words, even without rewriting the will, a part of it can lose effect through a lifetime act. Because a mismatch between the will and the lifetime movement of property tends to cause confusion over "which is the final intent" after the inheritance opens, it is safer to review the will whenever you dispose of property.

Relatedly, the treatment of a will that succeeds a specific asset to a specific person (a specific-property succession will or a specific bequest), and of the case where that asset is disposed of during life, is also organised in The difference between succeeding a specific asset by will and by bequest. Note that a will once revoked does not, in principle, recover its effect even where the revoking act is itself later revoked, cancelled, or ceases to have effect (Civil Code, Article 1025; the non-revival principle; except where that act was by fraud or duress). Whether the original will revives on such a "revocation of a revocation" is sometimes disputed as a matter of interpreting the testator's intent, and there is a Supreme Court precedent (judgment of 13 November 1997).

When several wills turn up, which is valid? What if the date cannot be read?

When several wills appear, first confirm whether each is a valid will meeting its method, and then judge the conflicting parts by the earlier/later dates. The principle is that, as to a conflicting part, the will with the later date prevails, while a non-conflicting part of the older will is also valid (Civil Code, Articles 1022 and 1023). The date is the key to deciding the order, so it is especially important.

A holographic will has no effect unless the testator writes the whole text, the date and the name in their own hand and affixes a seal (Civil Code, Article 968(1)). This "date" is understood to require identifiability down to the year, month and day, and there is case law holding a will void as lacking the entry of a date where the entry cannot identify the day, such as "an auspicious day in a certain month of a certain year." A will without a date, or with a date that cannot be identified, also cannot have its order relative to other wills decided, so the effect of that part may become a dispute.

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The handling of a discovered will also needs care. A sealed will may not be opened except in the family court in the presence of the heirs or their agents (Civil Code, Article 1004(3)). A holographic will that was kept at home is submitted to the family court without delay to request probate (same Article, paragraph 1). A notarised will and a holographic will deposited with the Legal Affairs Bureau do not require probate (same Article, paragraph 2, and others). However, probate is not a procedure that judges a will's validity, nor does it decide which of several wills prevails. The flow of probate and will execution after a will is found is organised in When a will is found.

Procedures around a will divide by stage.

• Support for preparing a will, investigation of heirs and property, and support for preparing a division agreement where all heirs reach agreement → Yotsuba Administrative Scrivener Office (administrative scrivener)
• Disputing a will's validity, negotiation or litigation over will-invalidity confirmation or the legally secured portion, and individual legal judgement on rights and obligations → an attorney
• Change of title of real property (inheritance registration and bequest registration) → a judicial scrivener
• Filing and calculation of inheritance tax → a tax accountant
• Consultation on selling or using inherited real property → Yotsuba Real Estate Co., Ltd.

Yotsuba Administrative Scrivener Office handles support for preparing a will and, where all heirs reach agreement, support for preparing a division agreement, as an independent business. Disputing a will's validity, and negotiation with the other side and individual legal judgement, are an attorney's work. Change of title of real property is by a judicial scrivener, inheritance tax by a tax accountant, and selling or using inherited real property by Yotsuba Real Estate Co., Ltd. (a separate business), each contracted or consulted separately. Our office receives no referral fee. For the whole picture of inheritance procedures, see Inheritance Procedures; for the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for consultation on inherited real property, see The window for inherited real property. The final judgement on whether a particular will is valid, and how far it was revoked, is made by a qualified professional in light of the circumstances.

FAQ

Q. Can I revoke a will I once made?
A. Yes. A testator may, at any time, revoke the whole or a part of a will by the method of a will (Civil Code, Article 1022), and may not waive the right to revoke (Article 1026). The methods include making a new will that states the revocation, making a will with different content (revocation by conflict), and, for a holographic will, intentionally destroying the will (Article 1024). Because the original of a notarised will is at the notary's office, tearing up your copy is not a revocation; you must revoke it anew by the method of a will.

Q. If I make a new will, does the old one all become void?
A. No. Only the part that conflicts with the new will is cancelled (Civil Code, Article 1023(1)). The non-conflicting part of the old will stays valid. For example, if the new will changes only who takes the home, the old will still has effect as to the other property. Which part conflicts is an individual judgement, and if readings diverge, it is decided by the family court or the courts.

Q. If I sell during life the property I willed, what happens to that will?
A. The will as to that property is deemed revoked as to the conflicting part (Civil Code, Article 1023(2)). Even without rewriting the will, a part of it can lose effect through a lifetime sale or gift. Reviewing the will's content whenever you dispose of property makes it easier to avoid confusion after the inheritance opens.

Q. Two wills turned up and one date is illegible. Which is valid?
A. In principle the will with the later date prevails as to the conflicting part (Civil Code, Articles 1022 and 1023). But a holographic will requires an entry of the year, month and day (Article 968(1)), and there is case law holding void an entry that cannot identify the day, such as "an auspicious day in a certain month." Because an unidentifiable date leaves the order undecided, a dispute is decided by the family court or the courts. Consult a qualified professional on validity.

Sources (Primary Information)

• e-Gov Law Search, "Civil Code" (Act No. 89 of 1896), Article 968(1) (method of a holographic will), Article 1004 (probate of a will), Article 1022 (revocation of a will), Article 1023 (conflict between an earlier and a later will, etc.), Article 1024 (destruction of a will or the object of a bequest), Article 1025 (effect of a revoked will), Article 1026 (prohibition of waiver of the right to revoke a will), Article 1027 (rescission of a will relating to a bequest with a burden) (accessed 2026-09-24)
• Supreme Court precedent (on the effect of a revoked will and the so-called revocation of a revocation; judgment of 13 November 1997) (accessed 2026-09-24)
• Ministry of Justice, guidance on the "Holographic Will Deposit System" (the need for probate under the Act on the Storage of Wills by Legal Affairs Bureaus, etc.) (accessed 2026-09-24)
• Courts, "Probate of a will" (courts.go.jp) (accessed 2026-09-24)

This article is general information and does not guarantee the validity of a particular will or how far it was revoked. Whether wills conflict, the scope of revocation, and the propriety of the date entry are individual judgements in light of the circumstances, and if there is a dispute among the heirs, they are decided by family-court adjudication or litigation. Disputing a will's validity, negotiation with the other side, and individual legal judgement on rights and obligations are by an attorney; change of title of real property (inheritance and bequest registration) by a judicial scrivener; filing and calculation of inheritance tax by a tax accountant; and selling or using inherited real property by Yotsuba Real Estate Co., Ltd., each as an independent business under a separate contract or consultation. Yotsuba Administrative Scrivener Office and Yotsuba Real Estate Co., Ltd. are separate businesses. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.