In case a typed will with only the testator's signature, without the witness's signature, is the will valid?
What conditions must the testator meet to make a will?
According to Article 625 of the 2015 Civil Code of Vietnam, the testator is defined as follows:
“Article 625. Testators
1. An adult satisfying conditions prescribed in Point a Clause 2 Article 630 of this Code may make a will to dispose his/her property.
2. A person who is between fifteen and eighteen years of age may make a will with the consent of his or her parents or guardian.”
Di chúc đánh máy chỉ có chữ ký của người lập di chúc, không có chữ ký của người làm chứng có hợp lệ?
What are the contents of written wills?
Pursuant to Article 631 of the 2015 Civil Code of Vietnam on the contents of written wills 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 the erasing and corrected place.”
Thus, in addition to the mandatory contents in the will, the testator may add other contents. Attention should be paid not to abbreviate or write in symbols, if the will consists of many pages, each page must be numbered and signed or marked by the testator. If there is erasure, the testator or testator must sign next to the place of erasure or correction.
In case a typed will with only the testator's signature, without the witness's signature, is the will valid?
Pursuant to Article 630 of the 2015 Civil Code of Vietnam has the following provisions:
“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.”
Article 633, Article 634 of the 2015 Civil Code of Vietnam provides for written wills as follows:
“Article 633. Unwitnessed written wills
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 634. Witnessed written wills
Where a testator is not able to write a will by his or her own hand, the testator may request another person to write the will, but there must be at least two witnesses. The testator must sign or fingerprint the will in the presence of the witnesses; the witnesses shall acknowledge the signature or fingerprint of the testator and sign the will.
The will must be made in compliance with articles 631 and 632 of this Code.”
Thus, for a will made in writing in a typed form, it is required that at least two witnesses sign their names on the will. A will without a witness's signature is considered invalid.
What are the conditions of a witness for the making of a will?
According to Article 632 of the 2015 Civil Code of Vietnam, the testament witnesses are 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, the witness must meet all of the above conditions for the will to take effect in practice.
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