Vietnam: What conditions must be met for unwitnessed written wills to be valid?
What conditions must be met for unwitnessed written wills to be valid?
Article 633 of the 2015 Civil Code of Vietnam provides for unwitnessed written wills as follows:
Unwitnessed written wills in Vietnam
A testator must write a will by his or her own hand and must sign it.
The drawing up of a written will without witnesses must comply with article 631 of this Code.
Article 631 of the 2015 Civil Code of Vietnam stipulates the contents of written wills as follows:
Contents of written wills in Vietnam
1. A will must specify clearly the following:
a) The date on which the will is made;
b) The full name and place of residence of the testator;
c) The full names of the persons and the bodies or organizations entitled to inherit the estate;
d) The estate to be bequeathed and its location.
2. Apart from the contents prescribed in Clause 1 of this Article, the will may have other contents.
3. 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.
Where a will has erasure or correction, the testator or the testament witness must sign beside erasing and corrected place.
Thus, unwitnessed written wills to be legally valid must be written and signed by the testator himself, the will must contain sufficient information as prescribed. The 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.
Vietnam: What conditions must be met for unwitnessed written wills to be valid? (Image from the Internet)
What is a will considered lawful?
Article 630 of the 2015 Civil Code of Vietnam provides for lawful wills in Vietnam as follows:
Lawful wills in Vietnam
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, a will must satisfy the following requirements in order to be lawful:
- 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;
- The contents of the will are not contrary to law or social morals and the will complies with legal formalities.
What are the procedures for preparation of wills at people's committee of commune?
Pursuant to Article 636 of the 2015 Civil Code of Vietnam on the procedures for preparation of wills at at notary office or people's committee of commune as follows:
Procedures for preparation of wills at notary office or people's committee of commune
The preparation of a will at a notary office or the people's committee of the commune must comply with the following procedures:
1. The testator shall declare the contents of his or her will to a notary public officer or a member of the people's committee of the commune who has the authority to certify it. The notary public officer or the person having the authority to certify must record the wishes stated by the testator. The testator shall sign or fingerprint the will after acknowledging that it has been recorded accurately and that it expresses faithfully the intentions of the testator. Thereafter, the notary public officer or the member of the people's committee of the commune shall sign the will;
2. Where the testator is not able to read or hear the will or not able to sign or fingerprint it, there must be a witness who must acknowledge the will by signing it before a notary public officer or a member of the people's committee of the commune who has the authority to certify it. The notary public officer shall notarize the will, or the member of the people's committee of the commune who has the authority to certify the will shall certify it, in the presence of the testator and the witnesses.
Thus, the procedures for for preparation of wills at people's committee of commune are as follows:
Step 1: The testator shall declare the contents of his or her will to a member of the people's committee of the commune who has the authority to certify it.
Step 2: The person having the authority to certify must record the wishes stated by the testator.
Step 3: The testator shall sign or fingerprint the will after acknowledging that it has been recorded accurately and that it expresses faithfully the intentions of the testator.
Step 4: The member of the people's committee of the commune shall sign the will.
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