Best Will & Testament Lawyers in Shizuoka

About Will & Testament Law in Shizuoka, Japan

This guide explains the basics of wills and inheritance matters for people in Shizuoka, Japan. Will and testament law in Japan is governed primarily by the Civil Code. Residents and non-residents who hold assets in Japan should understand how to make a valid will, how inheritance is distributed if no will exists, and what formal steps heirs must take after a death. While many rules are national, some practical steps - such as where to file documents and which local offices to contact - are specific to Shizuoka prefecture and its courts, municipal offices, tax offices, and registries.

Why You May Need a Lawyer

Working with a lawyer who understands Japanese inheritance law and local practice in Shizuoka can be helpful in many situations. A lawyer can provide practical and legal assistance in:

- Drafting a clear and legally valid will that reflects your wishes and reduces the risk of disputes.

- Advising on tax consequences - especially inheritance tax - and coordinating with tax accountants when necessary.

- Handling complex asset structures such as jointly owned property, business interests, foreign assets, or assets held through corporate entities.

- Representing heirs in negotiations to reach an inheritance distribution agreement - or representing one party in family court mediation or litigation including遺産分割調停 (inheritance division mediation).

- Applying for legal procedures such as renunciation of inheritance (相続放棄) or limited acceptance of inheritance (限定承認) in family court within statutory time limits.

- Registering changes in ownership for real estate at the Legal Affairs Bureau and instructing banks and other institutions on required documents and procedures.

Local Laws Overview

Key points to understand about wills and inheritance under Japanese law that apply in Shizuoka:

- Types of wills: There are three main types recognized under the Civil Code - handwritten will (自筆証書遺言), notarial will (公正証書遺言), and secret will (秘密証書遺言). A handwritten will must be written entirely by the testator by hand, dated, signed, and sealed. Notarial wills are prepared with a public notary and provide stronger protection against later disputes. Secret wills are rarely used.

- Recent reforms: Since 2019 there has been a court deposit system for handwritten wills. The law also permits a handwritten will to include a separate asset inventory that may be typed or prepared by other means if properly referenced and the testator signs and seals the will.

- Heir order and statutory shares: If there is no will, statutory inheritance rules determine heirs and shares. Typical rules include that a spouse and children inherit together, with the spouse often receiving a statutory portion and the children sharing the remainder. Exact shares depend on which categories of heirs survive the decedent.

- Acceptance and renunciation of inheritance: Heirs have legal options when faced with debts. An heir may accept an inheritance, renounce it (相続放棄) by filing with the family court within three months from becoming aware of the succession, or accept it under inventory limitation (限定承認) to limit liability for debts. Procedures must be followed carefully and on time.

- Executor and will enforcement: A testator can name an executor (遺言執行者) in a will to carry out distribution and administrative acts. Executors help implement the will and may need to interact with courts and registries.

- Documentation and registration: To transfer real estate and many other assets, heirs typically need family-register extracts (戸籍謄本 or 戸籍全部事項証明書), certificates of death, a written inheritance division agreement (遺産分割協議書) or a notarized will, and other supporting papers. Real estate transfers require registration at the local Legal Affairs Bureau office.

- Taxes and deadlines: Inheritance tax returns must be filed and tax paid within ten months of death. The tax office assesses taxable value and exemptions. Local tax offices in Shizuoka handle filings for estates in their jurisdiction.

Frequently Asked Questions

How do I make a valid will in Japan?

To make a valid will you must choose a legally recognized form. The simplest is a handwritten will (自筆証書遺言) which must be entirely handwritten by the testator, include the date, the testator's signature, and seal. A notarial will (公正証書遺言) is prepared at a notary public and requires the testator to declare their wishes in front of a notary and two witnesses - this form provides stronger evidence of validity. Consider consulting a lawyer or notary to ensure formal requirements are met and your will expresses your intentions clearly.

Where should I keep my will in Shizuoka?

You can keep a will in a safe place at home, with a trusted person, or deposit it with a family court under the court deposit system for handwritten wills. Depositing with the family court reduces the risk of loss, concealment, or forgery. If you name an executor, inform that person where the will is stored and give them access instructions.

Can I write my will in a language other than Japanese?

Japanese courts accept wills in foreign languages, but practical problems can arise. Institutions and registries in Japan commonly require Japanese documents or certified translations when processing inheritance matters. If your will is in another language, consider preparing a Japanese version or obtaining official translations and consult a lawyer to ensure clarity and enforceability.

What happens if I die without a will in Shizuoka?

If you die intestate the Civil Code statutory rules determine heirs and shares. Your closest relatives - typically spouse, children, parents, or siblings - inherit in a defined order. Heirs must agree on division of assets. If they cannot agree, they may go to family court for mediation or court decision. Debts are also inherited by heirs unless they renounce inheritance according to the procedures.

How can I disinherit someone?

Under Japanese law you can limit or exclude inheritance by specifying this clearly in a valid will. However, certain persons have a statutory reserved portion (遺留分) - namely close relatives like spouse, children, and parents - who may claim a minimum share even if disinherited. If you plan to disinherit a close relative, consult a lawyer to ensure your intention and reasons are properly documented and to assess the risk of a遺留分 claim.

What documents do heirs in Shizuoka need to collect first?

Collect the decedent's family register extracts (戸籍謄本) showing birth, marriage, and death certificates, the resident record (住民票) if needed, bankbooks, title deeds for real estate, insurance policies, pension documents, recent tax returns, statements of securities, and any existing will. These documents help determine heirs, assets, liabilities, and which formal procedures are needed.

How do I renounce inheritance and what is the deadline?

An heir who wishes to renounce inheritance must file an application with the family court within three months from the time they become aware of the succession and their legal status as an heir. The three-month period starts when the heir learns of the death and that they are an heir. The family court will accept the renunciation if requirements are met. Because timing and facts matter, consult a lawyer promptly if you consider renouncing.

Do I need to pay inheritance tax in Shizuoka?

Yes, inheritance tax may apply depending on the total taxable value of the estate and the heirs' exemptions. Tax returns must be filed and tax paid within ten months of the date of death. Inheritance tax rules are national, but you will work with the local tax office in Shizuoka for filing and payment matters. A tax professional or lawyer can help calculate taxable value, exemptions, and strategies to reduce tax where appropriate.

What if a will is contested - how are disputes handled?

Common grounds for contesting a will include lack of capacity, undue influence, forgery, or non-compliance with formal requirements. Disputes often begin with negotiation among heirs and may proceed to family court for mediation (遺産分割調停) or litigation. Evidence such as medical records, handwriting verification, witness testimony, and the will deposit record can be central. Early legal advice helps manage risk and potentially avoid costly litigation.

Can foreign residents or foreign nationals use Japanese wills for assets in Japan?

Yes. Foreign residents and nationals can and should make wills for assets located in Japan. If you have assets both in Japan and abroad, you may need separate wills or carefully drafted single wills that avoid conflict between jurisdictions. Coordinate with lawyers in each relevant country to ensure your wishes are effective everywhere and to avoid unintended tax consequences or invalidation.

Additional Resources

Here are local and national bodies and resources that can help with wills and inheritance matters in Shizuoka:

- Shizuoka District Court and its family court divisions for will deposits, inheritance renunciation filings, and mediation.

- Shizuoka Legal Affairs Bureau office for real estate registration and certificate procedures.

- National Tax Agency offices in Shizuoka for inheritance tax information and filings.

- Municipal offices in each Shizuoka city or town for family register extracts (戸籍謄本) and resident records.

- Shizuoka Bar Association (静岡県弁護士会) to find licensed lawyers - many local lawyers have experience in wills, inheritance, and family law.

- Public notaries in Shizuoka for drafting and recording notarial wills (公正証書遺言).

- Consumer consultation centers and legal consultation services often run by municipal governments for basic guidance and referrals.

Next Steps

If you need legal assistance with a will or inheritance issue in Shizuoka, consider the following practical next steps:

- Gather basic documents: collect family register extracts, death certificate if applicable, and records of assets and liabilities.

- Decide what you need: do you want to draft a will, deposit an existing will with the court, seek advice about tax, or begin an inheritance division with heirs?

- Contact a qualified lawyer: look for one experienced in inheritance law and active in Shizuoka. Ask about initial consultation fees and whether the lawyer handles estate planning, probate matters, and tax coordination.

- Consider a notarial will if you want maximum protection against disputes. Meet a notary and, if helpful, have a lawyer prepare or review draft language beforehand.

- If you are an heir, act promptly on time-sensitive matters: consider whether you need to renounce inheritance within the three-month window, and remember the ten-month deadline for inheritance tax filings.

- Keep clear records and inform trusted family members or an executor of where key documents are stored and who to contact.

Important note - This guide provides general information only and is not a substitute for legal advice. For decisions that affect your estate or legal rights, consult a qualified lawyer in Shizuoka who can advise you based on the specific facts of your case.