Handwritten Wills Prone to Loss... Japan to Introduce "Digital Wills"

Japanese Government Prepares Legal Reforms for Next Year
Oral Recording in Presence of Two Non-Relative Witnesses
Easier Storage, but Persistent Concerns Over AI Misuse

Japan is set to introduce a system for "digital wills," which can be created using computers or smartphones, in addition to handwritten wills. This initiative could be implemented as early as next year.

According to the Nihon Keizai Shimbun (Nikkei) on July 10, the Legislative Council, an advisory body to the Ministry of Justice, is expected to soon finalize a draft system for the implementation of digital wills.

Currently in Japan, recognized types of wills include handwritten documents written by the testator, notarial deeds in which a notary organizes orally conveyed wishes into written form, and secret wills, which are sealed and kept at a notary office.

To meet the requirements for a digital will, the process must include: recording the testator orally expressing their wishes in the presence of at least two witnesses who are not relatives. This is intended to prevent forgery and alteration of the contents. Additionally, it is expected that the data will be submitted to a public institution for identity verification and then stored accordingly.

Nikkei noted that "the current Civil Code requires handwritten documents and personal seals as conditions for a will," and predicted that the introduction of digital wills would reduce the risk of loss and make storage easier. The paper added that as services related to "shukatsu" (activities to prepare for the end of life, including leaving messages for family and memories before death) are increasing in Japan, digital wills could be managed together with such data.

The Legislative Council plans to gather public opinion and pursue the relevant legal amendments next year.

However, Nikkei also reported that there are calls for institutional safeguards to address the risk of forgery, such as fake videos, due to advances in generative artificial intelligence (AI) technology. In fact, some countries, including Germany and France, are known to take a cautious stance toward audio or digital wills.