Specializing in real estate and farmland
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Wills and inheritance support services
I want to prepare a will in preparation for inheritance. I want to write my own will, but I don't know how to do it. I want to create a notarized will, but what should I do?
If you have any concerns or questions about anything like the above, please contact our office and we will work with you to provide advice and edit your will to find a solution.
Will writing and guidance, etc.
There are the following types of wills:
・Handwritten will...
・Notarized will...
・Secret document will...
If you meet certain requirements, you can fill out the details yourself and create the document. If you do not meet the requirements, it may be invalid, so be careful. In addition, after the person dies, a probate procedure will be required at the family court.
A notarized will is a will prepared by a notary public, and has the following advantages: it does not require probate procedures at a family court, the original of a notarized will is kept at the notary public's office so it cannot be lost or forged, and inheritance procedures can be carried out using a notarized will.
However, it is costly to create and requires approval from two independent parties.
文字通り本人以外内容が遺言作成者が亡くなるまで秘密にすることができます。手続き上、公証人の証明と利害関係のない２人の承認が必要な点は公正証書遺言と似ている点もあります。また、自筆証書遺言とは違いパソコンや代筆でも作成が可能です（署名は自筆）。しかし遺言内容を知ることができないため不備が残ったままになるおそれがることや、家庭 裁判所の検認手続が必要になります。
What is an executor?
An executor is someone who carries out the contents of a will. An executor can be designated in a will, and can be a third party (a trustworthy person) such as an administrative scrivener, a corporation, or one of the heirs. An executor can create an inventory of assets, change the name of real estate, and deposit and withdraw money. Heirs do not need to worry about inheritance procedures because the executor will handle the procedures related to inheritance on their behalf.
In addition to these items, there are other things to be careful of when creating a will and documents that need to be prepared, so please consult us and we will explain them in an easy-to-understand manner.
Our office provides services such as drafting various types of wills, checking for any errors, witnessing notarized wills, and appointing and executing executors.
About inheritance procedures
Our office mainly handles the following inheritance procedures. If you would like to consult us about matters not listed here, we will be happy to explain them. However, in the cases listed below, only those with the appropriate specialized qualifications can carry out the work. Of course, it is possible for the heirs to apply for everything themselves, but this can involve a great deal of effort, such as researching specialized matters in each field.
When there is a dispute regarding inheritance
・When registering inheritance of real estate such as land and buildings
・Probate procedures for wills and procedures for renunciation of inheritance
・Representing in inheritance division mediation and inheritance division arbitration
If you are filing an inheritance tax return, consult a tax accountant.
Even if you encounter these issues, please rest assured that our office will connect you with our affiliated specialists in one stop.
Preparation of an inheritance division agreement
If there is no will and there are multiple heirs, an inheritance division agreement is required. This specifies the inherited property and lists who will receive what and how much. This content is then signed by all heirs, who must sign it with their official seal and attach a seal certificate. If there are any defects in the inheritance division agreement, the inheritance procedure cannot be carried out, so it is best to ask a professional to prepare it.
Creating an inheritance diagram (investigating heirs and obtaining family register)
Creating and submitting a list of legal inheritance information
相続関係説明図とは相続人が誰なのかわかりやすく図に表したものです。例えるなら家系図のようなものになります。相続手続きをするときは被相続人と相続人の戸籍関係の書類と相続関係説明図を提出することになります。相続に関わる登記をする場合にも相続関係説明図を添付 することで戸籍関係の書類が原本還付されます。この図を作成するには相続人が誰なのか調査するために戸籍取得していく必要があり、被相続人の出生から亡くなるまでの戸籍関係の書類と相続人の戸籍関係の書類が必要になります。所在を転々としていた場合などでは複数の役所で取得することとなり時間と手間がかかることになります。また、戸籍が改製されている場合は改製前も必要となります。行政書士のような専門家に依頼すると手間がかからず円滑に手続きを進めることができます。
Property investigation and inventory creation
It is necessary to clarify the financial situation of the deceased, such as how much real estate they owned, how much bank deposits and debts they had, etc. Once the inheritance property is determined, an inventory of the property can be created, and based on that, an inheritance division agreement and inheritance procedures can be made.
If you are storing a handwritten will with an inventory of assets attached, the will must be handwritten, but the inventory of assets does not have to be handwritten. However, the testator must sign and stamp each page of the inventory. If you are storing the inventory at the Legal Affairs Bureau, there are more detailed requirements, so please consult us and we will explain in detail.
Procedures for changing the name of a car
If the inherited property includes a car, the heir will need to change the car's title. This title change procedure can only be carried out by an administrative scrivener. Title change is necessary even if the inherited car is to be given up. The necessary documents will need to be prepared and submitted to the Transport Bureau.
