Wills and Disability Planning Documents A. Will Formalities and Enforceability of Foreign Wills Under the Japanese Civil Code Article 961, any person who has attained 15 years of age may make a will. There are three types of wills. Article 967 of the Civil Code provides that “A will shall be made by holograph document, notarized document, or sealed and notarized document; provided that this shall not apply to the case where it is permissible to use a special method.” To make a will by holograph document the testator must write the entire text, the date, and his/her name in his/her own hand and affix his/her seal. 1 A will by notarized document shall be made in compliance with the following items: no fewer than two witnesses shall be in attendance; the testator shall give oral instruction of the contents of the will to a notary public; a notary public shall take dictation from the testator and read this aloud to, or allow inspection by, the testator and witnesses; the testator and witnesses shall each sign the certificate and affix his/her seal after having approved its accuracy. If a testator is unable to sign, a notary public may sign on his/her behalf, with supplementary registration providing an explanation of the notary's signature; and a notary public shall give supplementary registration to the effect that the certificate has been made in compliance with the formalities listed in each of the preceding items, sign the supplementary registration, and affix his/her seal. 2 A will by sealed and notarized document shall be made in compliance with the following formalities: the testator shall sign, and affix his/her seal to, the certificate; the testator shall seal the certificate and, using the same stamp as that used for the certificate, affix his/her seal; the testator shall submit the sealed certificate before one notary public and not less than two witnesses, with a statement to the effect that it is his/her own will, giving the author's name and address; after having entered the date of submission of the certificate and the statement of the testator upon the sealed document, a notary public shall, together with the testator and witnesses, sign it and affix his/her seal. 3 In 1964, Japan ratified the Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions. As a result of the ratification of the Convention, the Act on Governing Laws Relating to the Form of Testamentary Dispositions was enacted. According to this Act, the form of a testamentary disposition shall be valid if it complies with the laws of one of the following jurisdictions: 4 the jurisdiction where the testator made the disposition