Foreign Nationals’ Wills in Japan: Governing Law, Forms, Seals

“Can I, a foreign national who is a Permanent Resident in Japan, leave a Will regarding assets in Japan?” “Can a Will written in the form of my home country be used in Japan?” “I don’t have a seal, but is a seal required on a Will?” — For Wills made by foreign nationals, the starting point is to consider separately which country’s law applies (governing law) and in what form it should be made (form).

In conclusion, the validity and effect of a Will are governed by the national law of the testator at the time the Will was made, while the form of the Will is considered valid if it conforms to any of five laws, such as the law of the place of act, national law, or law of the domicile. If made in Japan, the forms of Will by Holograph Document, Will by Notarized Document, or secret will stipulated by the Japanese Civil Code can be used. Furthermore, with the Civil Code Amendment and other revisions promulgated on June 24, 2026, affixing a seal on a Will by Holograph Document, etc., will become optional, and a new system for stored wills that can be created on a computer, etc., will be established (the effective date for both will be specified by Cabinet Order). This article organizes the information based on the provisions of the Act on General Rules for Application of Laws, the Act on the Governing Law for the Form of Wills, the Civil Code, and the Notary Act, as well as guidance from the Ministry of Justice.

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1. Conclusion: 5 Key Points to Understand First

• The validity and effect of a Will are governed by the national law of the testator at the time the Will was made (Article 37, Paragraph 1 of the Act on General Rules for Application of Laws).
• The form of a Will is considered valid if it conforms to any of the following laws: the law of the place of act, the law of the country of nationality, the law of the domicile, the law of the habitual residence, or (for real estate) the law of the location of the real estate (Article 2 of the Act on the Governing Law for the Form of Wills).
• The ordinary forms of Wills under the Japanese Civil Code are three: Will by Holograph Document, Will by Notarized Document, and secret will (Article 967 of the Civil Code). A Will by Notarized Document is prepared by a notary who has an interpreter translate if the testator does not understand Japanese (Article 29 of the Notary Act).
• A Will by Holograph Document can utilize the Holographic Will Storage System of the Legal Affairs Bureau. If written in a foreign language, a Japanese translation must be attached, and stored Wills do not require probate by the family court.
• With the Civil Code Amendment and other revisions in 2026, affixing a seal on a Will by Holograph Document, etc., will become optional (to be enforced within 1 year from promulgation), and a new system for stored wills will be established (to be enforced within 3 years from promulgation). The effective date has not yet been determined.

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2. Which Country’s Law Applies: Validity and Effect are Governed by National Law

When a person of different nationality makes a Will, the first question is “which country’s law applies (governing law).” The Act on General Rules for Application of Laws (hereinafter, the Act on General Rules) stipulates the following:

What is to be determined	Governing Law	Basis
Validity and effect of a Will	National law of the testator at the time the Will was made	Article 37, Paragraph 1 of the Act on General Rules
Revocation of a Will	National law of the testator at the time of revocation	Article 37, Paragraph 2 of the Act on General Rules
Inheritance (e.g., who inherits and how much)	National law of the decedent	Article 36 of the Act on General Rules
Form of a Will	Governed by the “Act on the Governing Law for the Form of Wills” rather than the Act on General Rules	Article 43, Paragraph 2 of the Act on General Rules

What is important here is that separate provisions define the governing law for “Wills” and “Inheritance/Succession.” Whether a Will is validly established is determined by Article 37 of the Act on General Rules, while Inheritance/Succession itself, which is the premise for receiving assets through a Will, is determined by Article 36 of the Act on General Rules (national law of the decedent). For Wills made by foreign nationals, both aspects will be confirmed under national law.

2-1. When National Law Refers to Japanese Law (Renvoi)

Article 41 of the Act on General Rules stipulates that when national law should apply, if the law of that country dictates that Japanese law should apply, then Japanese law shall apply (renvoi). If the national law of a country, for example, states that “Inheritance/Succession is governed by the law of the domicile,” then Japanese law may apply. Since how national laws stipulate this varies by country, individual confirmation is necessary.

2-2. In Cases of Multiple Nationalities

For individuals with dual nationality, the national law is the law of the country of which they are a national and where they have their habitual residence. If one of the nationalities is Japanese, then Japanese law is the national law (Article 38, Paragraph 1 of the Act on General Rules).

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3. Form of a Will: Valid if it Conforms to Any of Five Laws

The form of a Will (what format makes it valid) is governed not by the Act on General Rules but by the Act on the Governing Law for the Form of Wills. Article 2 of that Act stipulates that a Will is valid in terms of its form if it conforms to any of the following laws:

1. Law of the place of act (the law of the place where the Will was made)
2. Law of the country of which the testator was a national at the time the Will was made or at the time of death
3. Law of the place where the testator had their domicile at the time the Will was made or at the time of death
4. Law of the place where the testator had their habitual residence at the time the Will was made or at the time of death
5. For Wills concerning real estate, the law of the location of that real estate

For example, if a foreign national residing in Japan makes a Will in Japan, it will be valid in terms of form if it is made according to the methods of Japanese Civil Code (lex loci actus / lex domicilii). A Will made according to the methods of the home country is also valid in terms of form if it conforms to the national law (law of the country of nationality).

Furthermore, restrictions on the form due to the testator’s age or nationality, and the qualifications of witnesses required for a Will, are also treated as matters of form (Article 5 of the same Act).

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4. Wills Made in Japan: Three Forms under the Civil Code

Under the Japanese Civil Code, ordinary Wills come in three forms: Will by Holograph Document, Will by Notarized Document, and Secret Will (Civil Code Article 967).

Form	How to Make	Witnesses	Probate by Family Court
Will by Holograph Document	Write the entire text, date, and name by hand, and affix a seal. The inventory of property does not need to be handwritten (sign and seal on each page).	Not required	Required (not required if using the Legal Affairs Bureau’s storage system)
Will by Notarized Document	The testator orally states the intent of the Will to a notary in the presence of two or more witnesses, and the notary prepares it.	2 or more	Not required
Secret Will	The testator signs, seals, and encloses the Will, and presents it before one notary and two or more witnesses.	2 or more	Required

* The requirement for affixing a seal will become optional with the Civil Code amendment promulgated in 2026 (enforcement date to be specified by cabinet order within one year of promulgation). This will be explained in detail in Chapter 7.

Basis: Civil Code Articles 968, 969, 970, 1004

4-1. Persons Who Cannot Be Witnesses

Minors, presumptive heirs and beneficiaries (persons who receive property under the Will), their spouses and direct lineal relatives, and the notary’s spouse, relatives within the fourth degree of kinship, clerks, and employees cannot be witnesses for a Will by Notarized Document or a Secret Will (Civil Code Article 974). For foreign nationals, it is important to secure witnesses early, as family members might fall under these restrictions if they are intended to be witnesses.

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5. Will by Notarized Document: An Interpreter is Required if the Testator Does Not Understand Japanese

A Will by Notarized Document is a form where the notary prepares the document, and the original is stored at the notary office. Probate by the family court is also not required (Civil Code Article 1004, Paragraph 2).

What is important for foreign nationals is Article 29 of the Notary Act. This article stipulates that if the settlor (the person making the Will) does not understand Japanese, the notary must have an interpreter interpret when preparing the notarized document. Even those who are unsure about reading and writing in Japanese are legally permitted to create a Will by Notarized Document through an interpreter.

• The testator themselves conveys the intent of the Will to the notary (oral statement) (Civil Code Article 969, Paragraph 1, Item 2).
• The presence of two or more witnesses is required (same paragraph, Item 1).
• Arrangement of an interpreter, necessary documents, and fees should be confirmed with the notary office in advance.

5-1. For Japanese Nationals Residing Overseas

When a Japanese national residing abroad makes a Will by Notarized Document or a Secret Will, a Japanese consul performs the duties of a notary (Civil Code Article 984). Japanese nationals residing overseas may be able to make a Will at Japanese diplomatic missions abroad (embassies/consulates).

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6. Legal Affairs Bureau’s Holographic Will Storage System: Foreign Language Wills with Translations

While a Will by Holograph Document is easy to create, it carries the risk of loss or alteration, and requires probate by the family court after the commencement of inheritance. By using the Ministry of Justice’s Holographic Will Storage System, the Legal Affairs Bureau (Will Storage Office) stores the Will, and probate after the commencement of inheritance becomes unnecessary.

The main procedures, according to the Ministry of Justice’s guidance, are as follows:

Item	Content
Application Destination	The Will Storage Office having jurisdiction over the testator’s address, registered domicile, or the location of owned real estate.
Applicant	The testator themselves must make an appointment and visit the office.
Main Items to Bring	Will, storage application form, copy of Certificate of Residence, government-issued identification with photo (driver’s license, My Number Card, etc.), fee.
If Written in a Foreign Language	Attach a Japanese translation of the Will.
Fee	3,900 yen per Will (Revenue Stamp).
Storage Period	Original for 50 years after the testator’s death, image data for 150 years after the testator’s death.

Source: Ministry of Justice “Holographic Will Storage System” (accessed October 6, 2026), organized by our office.

Points to note when foreign nationals use this system are as follows:

• Names must be written exactly as they appear on official documents. The Ministry of Justice’s guidance states that foreign nationals must write their names exactly as they appear on official documents.
• There are format rules. If you do not adhere to rules such as using A4 paper, single-sided printing only, ensuring specified margins, and including page numbers, your application for storage will not be accepted.
• The will storage office does not provide consultation regarding the content of wills. Even if stored, the validity of the will is not guaranteed.

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7. 2026 Civil Code Amendment: Optional Seals and New Stored Will System

On June 17, 2026, the “Act Partially Amending the Civil Code, etc.” (Act No. 45 of Reiwa 8) was enacted and promulgated on June 24. The main revisions to the will system are as follows:

Content of Amendment	Overview	Enforcement
Optional Seals	Abolishes the requirement for seals by the testator and witnesses in holographic wills, secret wills, and wills in special forms, making seals optional (seals for additions/changes are also optional).	Date to be specified by Cabinet Order within one year from promulgation
Expansion of Disqualification for Witnesses	Not only beneficiaries, but also their employees (in the case of a corporate beneficiary, employees and officers) cannot be witnesses.	Date to be specified by Cabinet Order within one year from promulgation
Creation of Stored Will System	A new system where data or printouts of wills created on computers, etc., are provided to the Legal Affairs Bureau, and the Legal Affairs Bureau stores them after the person dictates the entire will. Online application is possible, and web conferencing can also be used if the Legal Affairs Bureau deems it appropriate.	Date to be specified by Cabinet Order within three years from promulgation
Revision of Wills in Imminent Danger of Death, etc.	Adds a method that can be created using audio/video recordings, with the presence of one or more witnesses (web conferencing allowed).	Date to be specified by Cabinet Order within one year from promulgation

Source: Ministry of Justice Civil Affairs Bureau “‘Act Partially Amending the Civil Code, etc.’ (Revision of Adult Guardianship and Will Systems)” and “Overview of the Civil Code, etc., Amendment Act” (accessed October 6, 2026), organized by our office.

7-1. Implications for Foreign Nationals

For individuals from countries without a custom of using seals, the optionalization of seals is an amendment that lowers the hurdle for holographic wills. However, as of October 2026, the enforcement date has not been decided, and the current Civil Code Article 968 still requires seals. If you create a holographic will before the amendment’s enforcement, it is safer to affix a seal (the Ministry of Justice’s guidance for the storage system states that a personal seal is acceptable, but stamp seals should be avoided).

The stored will system is planned as a method that can be created on computers, etc., and allows for web conferencing if the Legal Affairs Bureau deems it appropriate. While there is a procedure for dictating the entire text, the Ministry of Justice’s overview states that individuals who cannot speak can use an interpreter or write themselves instead of dictation. Details of its operation are expected to be announced as the enforcement date approaches.

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8. To Foreign Nationals and Business Representatives

8-1. Foreign Nationals and Their Families

• First, confirm the rules for the formation and validity of wills and inheritance under your national law. In some cases, national law may refer to Japanese law (renvoi).
• If you wish to leave a will regarding assets in Japan, consider a method that is easy to use in Japan (Will by Notarized Document, or a holographic will using the Legal Affairs Bureau’s storage system).
• If you also have assets in your home country, also confirm whether the will’s format is usable in your home country’s procedures. The required certifications (Apostille, Consular Legalization, etc.) and translations vary by country.
• A will presupposes that the testator has testamentary capacity at the time of making the will. It is important to start preparations while you are in good health.

8-2. HR Professionals at Companies

• You may receive inquiries from foreign national employees, such as Permanent Residents, who have worked in Japan for a long time, asking to leave a will for their families. Since wills concern personal assets, it is advisable to guide them to consult with a specialist.
• If employees act as witnesses for a will, care must be taken to avoid disqualified individuals (such as presumptive heirs, beneficiaries, or their families. After the amendment, employees and officers of beneficiaries are also disqualified).

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9. Frequently Asked Questions

Q1. Can foreign nationals make a will in Japan?

Yes, they can. The form of a will is valid if it conforms to any of five laws, including the law of the place of act or the law of the place of residence (Article 2 of the Act on the Law Applicable to the Form of Wills), so it can be made in Japan in accordance with the forms of the Japanese Civil Code. However, the formation and validity of the will are governed by the national law (Article 37, Paragraph 1 of the Act on General Rules for Application of Laws).

Q2. Can I write a will in my native language?

Under the Legal Affairs Bureau’s system for depositing holographic wills, a will written in a foreign language can be submitted for deposit with a Japanese translation attached. A Will by Notarized Document is prepared by a notary, and if the testator does not understand Japanese, an interpreter will provide interpretation (Article 29 of the Notary Act).

Q3. I don’t have a seal (inkan). Is a seal required on a will?

Under the current Civil Code Article 968, a holographic will requires a seal. With the Civil Code Amendment promulgated in 2026, sealing will become optional, but the enforcement date will be determined by Cabinet Order (within one year of promulgation) and has not yet been decided as of October 2026. If you are creating a will before the enforcement, it is safer to affix a seal.

Q4. Is a will written in the format of my home country valid in Japan?

If the form of the will conforms to the national law (the law of the country of which the testator was a national at the time of the will’s formation or death), it is considered valid in terms of form (Article 2, Item 2 of the Act on the Governing Law of the Form of Wills). In actual procedures, a translation and certification documents from the home country may be required.

Q5. Can family members be witnesses to a will?

Presumptive heirs, beneficiaries, and their spouses and lineal relatives cannot be witnesses (Civil Code Article 974). For a Will by Notarized Document and a secret will, two or more witnesses are required, so it is recommended to secure them early.

Q6. When will digital wills (deposited certificate wills) become available?

They will be enforced on a date to be determined by Cabinet Order within three years from the promulgation on June 24, 2026. As of October 2026, the enforcement date has not been decided, and they are not yet available.

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10. Summary: Distinguish between “which country’s law” and “which format”

For wills of foreign nationals, it is easier to gain clarity by organizing them in the following order:

1. The formation and validity of a will and inheritance are, in principle, governed by the national law (Article 37 and Article 36 of the Act on General Rules for Application of Laws). Japanese law may also apply (Renvoi, Article 41).
2. The form of a will is valid if it conforms to any of the five laws (Article 2 of the Act on the Governing Law of the Form of Wills).
3. If made in Japan, a Will by Notarized Document (with an interpreter) or a holographic will using the Legal Affairs Bureau’s deposit system (with a translation if in a foreign language) is easy to use.
4. With the Civil Code Amendment in 2026, sealing will become optional, but the enforcement date is undecided. Before enforcement, affix a seal.
5. If there are assets in the home country, also confirm the format and authentication that can be used for procedures in the home country.

For documents when family members living overseas become heirs, please also refer to “Certificate of Residence and Certificate of Signature,” and for authentication of documents to be submitted overseas, please refer to “Apostille and Authentication (Koin-Kakunin).”

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As an Administrative Scrivener Corporation in Miyazaki City, Miyazaki Prefecture, our office assists foreign nationals and families in international marriages with wills, inheritance, and residence support procedures.

• Preparation of draft wills for foreign nationals and support for consultations with notary offices
• Consultation on document preparation for using the Legal Affairs Bureau’s holographic will deposit system
• Support for document collection and translation for inheritance procedures involving family members residing overseas
• Consultations combined with residence support procedures such as for Permanent Resident and Long-Term Resident

Please feel free to use our free consultation first.

📩 Contact Us Here

📞 To book a phone consultation: 0985-68-0851

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This article is written based on publicly available information as of October 2026. The governing law for the formation and validity of wills and inheritance, and the content of the laws of the home country, vary depending on individual circumstances such as the testator’s nationality, place of residence, and location of assets. The enforcement date and operation of the Civil Code Amendment promulgated in 2026 will be determined by Cabinet Order and other regulations in the future. For disputes regarding the validity of wills, procedures at family courts, and consultations regarding inheritance tax, please consult with specialists such as Attorneys or tax accountants. For actual procedures, please confirm with official information from the Ministry of Justice, Legal Affairs Bureau, or notary office, or contact our office.

Author of this article: Administrative Scrivener Authorized to File Applications, Satoshi Nakayama

Representative, Administrative Scrivener Corporation Miyazaki International Legal Office

Location: Miyazaki City, Miyazaki Prefecture

Sources (Primary Information)

• e-Gov Law Search “Act on General Rules for Application of Laws” (Articles 36, 37, 38, 41, 43) https://laws.e-gov.go.jp/law/418AC0000000078
• e-Gov Law Search “Act on the Law Applicable to the Form of Wills” (Articles 2, 5) https://laws.e-gov.go.jp/law/339AC0000000100
• e-Gov Law Search “Civil Code” (Articles 967-970, 974, 984, 1004) https://laws.e-gov.go.jp/law/129AC0000000089
• e-Gov Law Search “Notary Act” (Article 29) https://laws.e-gov.go.jp/law/141AC0000000053
• Ministry of Justice, Civil Affairs Bureau “Regarding the ‘Act Partially Amending the Civil Code, etc.’ (Revision of the Adult Guardianship and Will Systems)” https://www.moj.go.jp/MINJI/minji07_00410.html
• Ministry of Justice, Civil Affairs Bureau “Outline of the Civil Code and Other Amended Laws” https://www.moj.go.jp/content/001465481.pdf
• Ministry of Justice “Holograph Will Storage System” https://www.moj.go.jp/MINJI/minji03_00051.html
• Ministry of Justice “Procedures for Testators” (Holograph Will Storage System) https://www.moj.go.jp/MINJI/02.html
• Ministry of Justice “Form of Will, etc.” (Holograph Will Storage System) https://www.moj.go.jp/MINJI/03.html