Vietnam: How many witnesses does an oral will need to have to be legally valid? When did the will come into effect?
How many witnesses does an oral will need to have to be legally valid in Vietnam?
In Article 630 of the Civil Code 2015 of Vietnam, there are provisions on legal wills as follows:
Article 630. 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.
In addition, Article 632 of the Civil Code 2015 of Vietnam provides for witnesses for the making of a will as follows:
Article 632. Witnesses to making of will
Any person may act as a witness to the making of a will, except the following persons:
1. Persons who are heirs of the testator under the will or at law;
2. Persons with property rights or obligations which relate to the will;
3. Minors, legally incapacitated persons, persons with limited cognition and behavior control.
Thus, in accordance with the above provisions, in order to be presumed to be legally valid or a legal will, an oral will must be witnessed by at least two persons. In addition, the oral will must also meet a number of other conditions such as showing the final will of the testator, must be recorded and authenticated, confirming the signature of the witness.
Vietnam: How many witnesses does an oral will need to have to be legally valid? When did the will come into effect?
When did the oral will come into effect in Vietnam?
In Article 643 of the Civil Code 2015 of Vietnam, there are provisions on the validity of wills as follows:
Article 643. Legal effectiveness of wills
1. A will shall become legally effective from the time of commencement of the inheritance.
2. All or part of a will shall be legally ineffective in any of the following cases:
a) An heir under the will dies prior to or at the same time as the testator dying;
b) A body or organization named as an heir no longer exists at the time of commencement of the inheritance.
Where there are several heirs under a will and one of them dies prior to or at the same time as the death of the testator or one of the bodies or organizations named as an heir under the will no longer exists at the time of commencement of the inheritance, only that part of the will which relates to the individual, body or organization no longer existing shall be legally ineffective.
3. A will shall not be legally effective if the estate left to the heirs no longer exists at the time of commencement of the inheritance. If only part of the estate left to the heirs remains, only that part of the will which relates to such part of the estate shall be legally effective.
4. Where a will contains provisions which are unlawful but such provisions do not affect the effectiveness of the remainder of the will, only such provisions shall be legally ineffective.
5. Where a person leaves behind more than one will with respect to certain property, only the most recent of such wills shall be legally effective.
According to the above provisions, the oral wills will be effective from the time of opening the inheritance, the oral wills will not be partially or fully valid if it falls under the above-prescribed circumstances.
What must be shown in the will in Vietnam?
In Article 631 of the Civil Code 2015 of Vietnam, there are provisions on the contents of the will as follows:
Article 631. Contents of written wills
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.
According to the above provisions, the contents that must be in the will include the date, month and year of making the will; Full name and place of residence of the testator; Full names of persons, agencies and organizations entitled to heritage; Legacy left behind and where there is heritage.
In addition to the above contents, the testator can express his will in the will so that it is not contrary to the provisions of law and not contrary to social morality.
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