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Regulation on making will

21/01/2021

Will means an expression of the wishes of a natural person, made in order to bequeath his or her property to others after his or her death. A will that is considered legal must satisfy the following conditions: The testator was of sound mind, not deceived, threatened or coerced into making the will; The content of the will is not violate the law, social ethics; form of will not contrary to the provisions of law.

Legal advice:

  1. Will means an expression of the wishes of a natural person, made in order to bequeath his or her property to others after his or her death (Article 624 Civil code 2015). A will that is considered to be legal must satisfy the following conditions:
  • The testator was of sound mind, not deceived, threatened or coerced into making the will;
  • The content of the will is not violate the law, social ethics; form of will not contrary to the provisions of law.

  1. The will must be made in writing; if a will cannot be made in writing, a verbal will can be made ( Article 627 Civil code 2015 )
  • Written wills comprise:
  • Unwitnessed written wills;
  • Witnessed written wills;
  • Written wills which are notarized;
  • Written wills which are certified.
  • A will must specify clearly the following:
  • The date on which the will is made;
  • The full name and place of residence of the testator;
  • The full names of the persons and the bodies or organizations entitled to inherit the estate;
  • The estate to be bequeathed and its location.

A will may not be written using abbreviations or other symbols. If a will consists of several pages, each page must be numbered and bear the signature or fingerprint of the testator.

  1. Where a person is likely to die due to illness or any other reason and it is not possible for him or her to make a written will, such person may make an oral will.

If the testator is alive and is of sound mind three months after he or she has made an oral will, such will shall automatically become invalid.

Notes:

  • Ethnic minorities have the right to make will in writing or in their own language
  • A will made by a person between fifteen and eighteen years of age must be made in writing and with the consent of the parents or guardian of such person.
  • A will made by a person who is incapacitated or illiterate must be made in writing by a witness and must be notarized or certified.
  • An oral will shall be deemed lawful only if the testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document. Such will must be notarized or certified within five working days of the date on which the testator orally expressed his or her last wishes.

Legal expert. Vu Dang Tien Thanh

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