Guidelines for Writing a Will: Necessity and Types Explained

A will is more than just a legal document; it is a letter written to protect your beloved family from inheritance disputes. For those wondering if they need one, here is a summary to help you decide.

Cases Where a Will is Essential
A will is crucial if you are a childless couple, have children from a previous marriage, wish to leave a larger share to a specific relative, or want to bequeath assets to non-legal heirs (such as a common-law partner or grandchildren). Without a will, all legal heirs—including estranged relatives—must participate in the division of assets, which often sparks conflict.

Cases Where a Will May Not Be Necessary
f you have only one legal heir, or if family ties are exceptionally strong and your asset structure is very simple, there may be no urgent need to create a formal will.

Choosing the Right Method
There are two primary types of wills: a Holograph Will (handwritten) and a Notarial Will.
Furthermore, for a Holograph Will, you can choose between self-storage or using the Legal Affairs Bureau’s Storage Service:

  • Self-Storage:
    This method is simple and cost-free. However, it carries the risk of loss or tampering, and requires a "probate" procedure by the Family Court after your passing.
  • Storage Service:
    Since the Legal Affairs Bureau keeps the original, there is no risk of loss, and the probate process is waived.

Note for those with disabilities:
If handwriting is difficult due to illness or disability, we recommend a Notarial Will. In this format, a notary public can dictate and prepare the document for you, ensuring a legally sound will regardless of physical limitations.

投稿者プロフィール

AKIRA YAMAMOTO.AKIRA
AKIRA YAMAMOTO.AKIRA