Digital Wills: Aim for a Simple, Highly Secure System

To whom will you leave your assets after death, and how? Inheriting property is an issue that many people face. With the digitalization of wills, it is essential to take thorough security measures and ensure a smooth inheritance process.

A bill was approved during a Cabinet meeting to revise the Civil Code to allow people to use “digital wills” created on computers or smartphones. The bill will now be deliberated in the Diet.

Currently, wills mainly fall into two categories: “a will by holograph document,” which is written by a testator, and “a will by notarized document,” which is drawn up by a notary public.

Under the Civil Code, a holograph requires the testator to handwrite the entire text, the date and their name, and to affix their seal. As more people — including the elderly — use digital devices, some say that such a requirement is “out of step with the times.”

The revision bill introduces a new type of will — “a deposited will” — in which documents or data for digital wills created on computers or other devices are stored at legal affairs bureaus. To prevent forgery, when applying for storage, the testator would be required to read the entire text aloud to a legal affairs bureau official, either in person or via the internet.

Against the backdrop of an aging society, disputes over inheritances are increasing year after year. In 2024, family courts nationwide handled a total of about 19,500 cases involving the division of inheritances through adjudication or conciliation, an increase of 60% from about 20 years ago.

If digitalization makes wills more convenient and increases the options for conveying one’s wishes, more people may be inclined to create a will.

The important aspect is ensuring safety. The revision bill also reviews the requirements for holographic wills, eliminating the need for a seal. However, if the simplified process leads to continued forgery or tampering of wills, or their forced creation, the credibility of wills as a whole will be lost.

When implementing digital wills, it is hoped that legal affairs bureaus will thoroughly verify the identity of the testator to prevent impersonation. Testators themselves should also carefully consider the pros and cons of the multiple types of wills available and choose the method that best suits them and their families.

During the discussions about the legal revisions, methods for making audio or video recordings of the testator reading their will were also considered. However, this proposal was not accepted because several concerns were raised that generative artificial intelligence could easily be used to create fake audio and video recordings.

Digital technology will continue to evolve in the future. Methods of fraud will undoubtedly become more sophisticated as well. It is necessary to constantly check whether security measures are functioning effectively.

The number of elderly people living alone without close relatives is increasing. “Donations by bequest,” in which assets are donated to public organizations such as universities and local governments after death, are also becoming more common, highlighting the growing importance of wills.

People with assets should discuss inheritance procedures thoroughly with their families while they are still in good health.

(From The Yomiuri Shimbun, May 14, 2026)