By creating a will, you can expect the effect of preventing future "inheritance".
This is because if you have an appropriate will, you will not have to talk with the inheritance to share your heritage after inheritance.

So how do you create a will?
Here, lawyers will explain in detail how to create a will, flow, and precautions when creating a will.

A will is a document that decides in advance how to distribute your property to and how to distribute your property after your death.
In the will, the method of creation is strictly defined by law.

There are three main ways to create a will.
Of these, the main use is "self -written testimony" or "notarized testimony", which is rarely used.

A self -written testament will be a will that the all -sentence is created by the will by hand.
Self -write the full text, date and name, and make a seal.

Self -handed testimony is the easiest way, but there is a risk that it will be invalidated, forgery or concealed without satisfying the requirements.

A notable testament is a will to create a notary public office under the involvement of a notary public.

There is no need to create or write sentences by themselves to create a sentence according to the content they want.
When creating, it is necessary to attend a notary public and two or more witnesses.

It can be said that the creation of a notarized certificate is the most reliable will, which is the lowest risk of being invalidated, although a fee to be paid to a notary public.

A secret certificate will is a will that submits the will of your own will to the notary public office with a sealed state and prove the existence of your will.

The advantage is that notary public and witnesses do not know the content of the will, but there are risks that will be invalid because notary publicity is not involved in the text.

Writing in the will does not mean anything.
For example, when I wrote in a will, "I don’t remarry my wife after my death," there is no legal effect.

So what kind of matter can be specified in the will?
The main items that can be specified in the will are as follows.

Matters concerning inheritance

In the will, you can specify the following about inheritance:

Other matters related to disposal of property

In addition to what listed above, you can specify the following items related to disposal of property.

Supplies

In the will, you can specify the following items about your status:

Matters concerning the execution of the will

The execution of the will is an act of realizing the contents of the will after the death of the will.
In the will, you can specify the following matters for the execution of the will.

Other matters

It is understood that the following items are not specified by laws and regulations that they can be specified in the will, but can be specified.

What are the benefits of creating a will?
The main benefits are as follows:

If there is no will, in order to separate the heritage of the deceased person, all heirs must be discussed (called "heritage division consultation").

In order to establish a heritage division consultation, an agreement by all heirs is required.
This discussion is generally called "inheritance struggle."

On the other hand, if there is a will that specifies the succession destination for all heritage, there is no need to discuss the heritage division in the first place.
Therefore, it is possible to prevent inheritance struggle by creating a will.

The spouse at the inner edge, the siblings and sisters in the case of a child or parent are in principle not the heir.
However, you may want to leave these people a heritage.

Without a will, you will not be able to leave your heritage to non -heirs after your death.
On the other hand, if there is a will, it is possible to leave a heritage for non -heirs.

In addition, the partner who gives the heritage in the will is not limited to natural people, and it is possible to pass heritage to corporations and organizations such as companies.

When creating a will, you must meet the requirements specified by the law.
If you do not meet any requirements, you may be invalid.

When creating a will with a self -written testament, the requirements are as follows (Article 968 of the Act).

The first is that the testator self -calls the full text, date and name of the will.

There is no word processor or substitute writing in self -written testament.
In addition, the date must be specific dates, and the notation such as "Yoshito" is invalid.

If you attach a property catalog separately from the text of the will, you do not have to write itself only in this property catalog.
However, in this case, all pages of the property catalog (when listed on both sides of the paper, both sides) must sign and seal.

The will must stamp the will.
Considering that it is a very important document, although it is not specified up to the type of seal, a seal with a real seal would be desirable.

Self -handed certificate wills are specified by the Civil Code in the Civil Code, and must be done strictly.
In order to correct and correct a self -written testament will, "the will must instructions to the place, add this, sign it, and then sign it in the place of the change."It will not be (Article 968, Paragraph 3 of the Act).

Specifically, see the following figure.

The addition of a self -written testament will need to be made strictly in this way, and if the correction method is incorrect, the will may be executed in a different content, or the will will be invalidated.
Therefore, it is safer to rewrite the new paper as much as possible, as much as possible.

The requirements for creating a notarized will are as follows.
Basically, a notary public will create the requirements, but it is a good idea to know the requirements yourself.

In addition, there are special cases when it is not good or not heard, and even these people can use a notarized will.

In order to create a notarized will, it is necessary to attend a notary public and two or more witnesses.
Witnesses do not need special qualifications, but the next person cannot be a witness (Article 974 of the Act).

If you cannot prepare a witness, you will be charged by consulting the notary public office, but you can arrange it.

When creating a notarized will, the will must verbally explain the purpose of the will to the notary public.
It is important to note that this requirement may not be satisfied if you only nod to the notary public.

Next, a notary public writes the testist.
Then, let the testator and witnesses read this or browse it.

Finally, the will, the witness and the notary public will sign the original of the will.
However, if the testator cannot sign, the notary public can replace the signature by adding the reason.

The whole flow when creating a will is as follows:

First, consider the types of wills to be created.
Whether to be a notarized will or a self -written testament.

Next, prepare materials to create a will.
Specific documents will be introduced later in the cost column.

In parallel with the collection of materials, we will consider the contents of the will to create.
This is the most important step in creating a will.

In principle, the notary public does not even consult the will, and must consider the contents by themselves.

For example, if there is a problem with the content of the will, such as lack of consideration for the remaining portion later, it may be in trouble after inheritance occurs.
Therefore, we recommend that you consult a lawyer before considering instead of considering the content of the will.

When the will of the will is solidified, create a will.
Let’s create each according to the requirements of the wills to be created.

Even if you create a will, if there is a problem with the will, it may cause inheritance troubles.
To avoid such a situation, create a will based on the following points when creating a will.

The first point is to understand the remaining portion and create a will that takes into account the remains.

The remaining portion is a minimum share in inheritance, guaranteed to a certain heir, such as a child or a spouse.
It is possible to create a will with a content that infringes the remaining portion, and the infringement of the survivor does not mean that the will will be invalidated.
However, heirs infringed by the remains can "claim the infringement of the residue" to the recipient of the heritage that infringes their remains.

A claim for the infringement amount is to pay the amount equivalent to the infringement of the infringement.
When this claim is made, the recipient of the heritage that infringes the claimant (the "remaining right holder") should not actually pay the amount of infringement of the infringement of the survivor.It will not be blurred.

Creating a will without considering the remaining portion may cause a claim for infringement of the survivor in the future and may develop into trouble.

In order to avoid unnecessary troubles, we recommend that you create a will with the support of a lawyer or other expert.
In order to create a will that does not leave a problem for the next generation, it is not easy to do this yourself, and it is not easy to do it yourself.

If the will to create a self -written certificate will, the main expenses for creating wills are as follows:

When creating a self -written testament will, it is possible to create it without any materials.
However, in order to create a will accurately, it would be desirable to obtain the following materials and create them while referring.
In addition, it is common to order and create these materials because they should not make any errors in the event that a lawyer or other experts will support them.

Of these, it is not necessary to order anything that is usually at hand, such as deposits and savings passbooks.
On the other hand, it is necessary to order a copy of the family register and all the matter certificates, which is expensive.
The cost depends on the number of real estate you own and the number of people who pass the heritage, but usually it will often be about several thousand yen.

To create a selfish certificate will, you need a form to be listed.
Since there are no particular restrictions on the paper, you can use regular stationery sold at stationery stores.

On July 10, 2020, the Legal Affairs Bureau has begun the self -written testimony system.
This is a system that allows the Legal Affairs Bureau to store self -written testimony.

Just because it is a selfish certificate will does not necessarily use the storage system at the Legal Affairs Bureau.
However, there are the following advantages in the storage system at the Legal Affairs Bureau, so it is a good idea to consider using the system.

When using the storage system of a self -written testament will by the Legal Affairs Bureau, a fee of 3,900 yen per person will be charged for storage.
It costs only during deposits, for example, there is no annual storage fee or renewal fee.

In addition, the following expenses are required for browsing after storage and issuing a certificate.

You can create a will by yourself, but also to ask a lawyer to support the creation.
The cost of requesting a lawyer to support a self -written testament will depend on the office.
In general, it is often about 200,000 yen to 500,000 yen.
However, it may vary depending on the contents of the will, so we recommend that you check with the office where you are considering the request in advance.

If the will to create is a notarized certificate, the cost is mainly as follows.

In the notarized will, the notary public creates a document, so the following materials are required.

In addition, on the day of the creation, you will be required to bring a seal certificate and a seal.
The necessary documents vary depending on the content of the desired will and property status, so it is a good idea to check in advance at the notary office where you plan to create it.
The cost required for acquisition is very different from the case of a self -written testament, and it is generally about several thousand yen.

When creating a notarized will, a fee to be paid to the notary public office will be charged.
The notary public office fee is, in principle, the total amount of the following expenses.

Of these, the basic fees are calculated by applying them to the following table for each person who passes the heritage in the will.

For example, the basic fee is as follows if the will is to inherit the eldest son a property of about 80 million yen and inherits the eldest daughter of about 40 million yen.

The basic fees for inheriting about 3 million yen for five children are as follows.

In this table, instead of applying the total heritage amount, the point is to calculate by applying the amount of the heritage to be passed for each person who passes the heritage.

The reward when requesting a lawyer to create a notarized will, as in the case of a self -written testament, is often about 200,000 to 500,000 yen.
Again, the reward amount may differ depending on the content of the will, so it is recommended that you check in advance.

In addition to the support of the wills of wills, what are the lawyer’s fees related to the will?
The main lawyer fees other than creation are as follows.

In order to receive a willing support for the will, it is also important to be compatible with experts.
Therefore, instead of suddenly requesting, it is a good idea to consult first and consider whether to request.
Consultation rewards for lawyers vary from office to office, but it costs about 10,000 yen per hour.

In addition, the AuthenSE Law Office has a free consultation on the will, so please feel free to contact us first.

The execution of the will is to realize the contents of the will after the death of the will.
The person who executes a will is called a "will executor", and the will executor can be specified in advance in the will.

It is possible to specify the heirs and relatives who pass property in the will, but requesting a lawyer can be expected to make more reliable executions, and the response in the event of trouble will be smooth.Yes.

The reward for requesting a lawyer to execute will vary by lawyer.
It also depends on the total heritage and the content of the execution.
In general, the minimum reward is about 300,000 yen to 1 million yen, and it is often the case that the reward is about 0.5%to 2%of the total heritage of the execution target.

You can create a will yourself.
So what are the benefits of requesting a lawyer to create a will?
The main benefits are:

The first advantage is that it can greatly reduce the risk of a will.
If you create a will yourself, the risk of being invalidated is not small, especially in your own written certificate.
For example, the following selfish certificate will is invalid.

Also, even if there is no problem in the text, it may be invalid that severe dementia has developed at the time of creation and the ability to create a will.
In addition, for example, the description of the partner who tried to pass the heritage is ambiguous, the risk of not being able to cancel the heritage using a will, and the notation of real estate is incorrect and the procedure for changing the name cannot be performed.There are many risks.
By asking a lawyer to support the creation of wills, it is possible to significantly reduce the risk of invalidation.

By asking a lawyer to create a will, you will be able to receive advice to prevent inheritance troubles.
For example, if the heir is two, the eldest son and the second son, it is possible to create a will to "inherit the eldest son".
However, this will infringes the second son’s remaining, and may be in trouble after the inheritance occurs.

The remaining portion is a minimum share in inheritance, guaranteed to a certain heir, such as a spouse or child.
Therefore, if the will of the eldest son inherits all property, it may be claimed from the second son to violate the eldest son after the inheritance occurs.

The claim for the infringement amount is to pay for the infringement of the infringed surplus for money.
In the event of this claim, the eldest son must actually pay the second son equivalent to the residue.
In this way, a will that infringes the remaining portion may cause the trouble later.

Of course, one of the options is to understand the remains and to dare to inherit all property to the eldest son.
However, in that case, it is necessary to consider the payment of payment so that the eldest son can pay money if the second son is charged for the infringement of the residue.
If most of the heritage that the eldest son inherits is not easy to change, such as home real estate or its own stock, it may have difficulty in securing the payment of payment.

By asking a lawyer to support the creation of wills, you can understand the risk of inheritance troubles and take measures in advance.

The will of the will is not the goal at the time of creation, but the meaning of the will after the inheritance has been successfully realized, and it is the first document that makes it meaningful.
Therefore, when creating a will, it is necessary to consider who and how and how they are realized.
By requesting a lawyer to support the creation of a will, it is safe because you can consistently request the execution of the will.

In addition, the executor does not necessarily have to ask a lawyer, but can also specify the heir or relatives who give property in the will.
However, if you are not used to execution, execution may be incomplete in the procedure, and if the person who receives the heritage is an executioner, the execution of the person is inconvenient for that person.There is a risk that you will be in trouble, such as being left unattended.

In some cases, the execution of the will may be in trouble.
For example, some heirs argue to invite their wills to invalidate the will.

If a lawyer is an executor, you can consult in this case.
In addition, the appointment of a lawyer will be a deterrent for the heirs who are not satisfied with the will to add a legally unfounded "claim".

Creating a will has many benefits, such as future inheritance troubles.
We recommend creating an early will to avoid any problems with the next generation.

However, there are many precautions in creating a will, and it is not easy to create an unprecedented will.
Therefore, when creating a will, we recommend that you receive the support of a lawyer or other expert.

The AuthenSE Law Office is focusing on resolution of pre -life and inheritance problems such as the creation of wills.
If you have any problems with inheritance when you wish to create a will, please do not hesitate to contact the AuthenSE Law Office.