Don’t Assume You’re Safe Just Because You Have a Notarial Will
AKIRA YAMAMOTO.AKIRAA will is created when you wish to distribute your estate after your passing in proportions that differ from the statutory inheritance shares.
There are two primary types of wills: holographic (handwritten) wills and notarial wills (wills made by a notary public). Many people choose a notarial will because it is prepared by a notary public, which virtually eliminates the risk of the will being declared invalid due to formatting errors or technical defects.
However, a notarial will is not entirely foolproof.
The critical factor you must look out for is the "legally reserved portion" (legal share of inheritance / Iryubun).
Since a will is typically made to distribute assets differently from standard statutory shares, it frequently infringes upon this legally reserved portion. If an eligible heir claims their legally reserved portion, you are strictly required by law to pay them the equivalent amount in cash.
Consequently, even if you go through the trouble of creating a notarial will, failing to account for this reserved portion can trigger bitter disputes among your heirs.
Therefore, when drawing up a will, it is absolutely essential to take the legally reserved portion into consideration.
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