Can persons with limited legal capacity make oral wills in Vietnam? When will an oral will be deemed lawful?
Can persons with limited legal capacity make oral wills in Vietnam?
According to the provisions of Article 116 of the Civil Code 2015, an oral will is understood as an expression of an individual's will to transfer his or her property to another person after death, so it can be understood that making an oral will is also an expression of a civil transaction.
According to Clause 1, Article 629 of the Civil Code 2015, regulations on oral wills are as follows:
Oral wills
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.
2. 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.
Pursuant to Clause 2, Article 24 of the Civil Code 2015, regulations on persons with limited legal capacity are as follows:
Persons with limited legal capacity
1. A court shall, at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a person with limited legal capacity after excessive drug consumption or other psychotropic substances, worsening material situation of the family.
The court shall appoint a legal representative of the person with limited legal capacity and the representation scope.
2. All civil transactions related to the property of a person with limited legal capacity declared by a court must obtain the consent of his/her legal representative, except for transactions to meet the needs of daily life.
3. Where the basis on which a person has been declared limited capacity of exercise no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision to revoke the decision declaring the incapacitated person.
According to the above regulations, 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.
At the same time, all civil transactions related to the property of a person with limited legal capacity declared by a court must obtain the consent of his/her legal representative, except for transactions to meet the needs of daily life.
Thus, a person with limited legal capacity can make an oral will if the following conditions are fully met:
(1) Such 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;
(2) Obtain the consent of his/her legal representative.
Can persons with limited legal capacity make oral wills in Vietnam? When will an oral will be deemed lawful?
Vietnam: When will an oral will be deemed lawful?
Pursuant to Clause 5, Article 630 of the Civil Code 2015, regulations on legal wills are as follows:
Lawful wills
1. A will must satisfy the following requirements in order to be lawful:
a) The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;
b) The contents of the will are not contrary to law or social morals and the will complies with legal formalities.
2. 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.
3. 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.
4. A written will which is not notarized or certified shall be deemed lawful only if it satisfies the requirements provided in Clause 1 of this Article.
5. 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.
Thus, according to regulations, 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
Note: 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.
Vietnam: When will oral wills automatically become invalid?
Pursuant to Clause 2, Article 629 of the Civil Code 2015, regulations on oral wills are as follows:
Oral wills
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.
2. 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.
Thus, according to regulations, 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.
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