Procedures for Making a Will at the Commune-level People's Committee: Which Heirs Are Not Dependent on the Contents of the Will?
Notarization of Wills Involving Real Estate?
Pursuant to Article 42 of the Notarization Law 2014 on the scope of notarization of contracts and transactions regarding real estate as follows:
Notaries of notarial practice organizations may only notarize contracts and transactions concerning real estate within the province or centrally-controlled city where the notarial practice organization is headquartered, except for the cases of notarizing wills, documents refusing inheritance related to real estate, and power of attorney related to executing rights over real estate.
Article 44 of the Notarization Law 2014 stipulates the notarization location as follows:
Notarization Location
1. Notarization must be conducted at the headquarters of the notarial practice organization, except in cases stipulated in Clause 2 of this Article.
2. Notarization can be conducted outside the headquarters of the notarial practice organization in the case where the person requesting notarization is elderly, unable to travel, being held in custody, serving a prison sentence or for other legitimate reasons cannot come to the headquarters of the notarial practice organization.
Article 56 of the Notarization Law 2014 includes provisions regarding the notarization of wills as follows:
Notarization of Wills
1. The testator must personally request the notarization of the will and cannot authorize another person to request the notarization.
2. If the notary suspects that the testator suffers from mental illness or other conditions that impair their awareness and control over behavior, or there is evidence that the will has been made under fraud, duress, or coercion, the notary shall ask the testator to clarify. If the situation cannot be clarified, the notary has the right to refuse the notarization of the will.
In cases where the testator's life is threatened, the requester of notarization is not required to present all documents as stipulated in Clause 1, Article 40 of this Law but must clearly state in the notarized document.
3. A notarized will may be amended, supplemented, replaced, or partially or wholly revoked if the testator requests any notary to notarize the amendment, supplementation, replacement, or revocation. If the previous will is kept at a notarial practice organization, the testator must notify that organization of the amendments, supplements, replacements, or revocations.
Thus, according to the regulations above, in the case of notarizing a will involving real estate, you can notarize the will at any notary office or notary bureau that you find convenient.
Procedures for making a will at the commune-level People's Committee? Which heirs are not dependent on the will's content? (Image from the Internet)
When is a Will Legal?
Article 630 of the Civil Code 2015 regulates legal wills as follows:
Legal Will
1. A legal will must meet the following conditions:
a) The testator is mentally sound, clear-minded during the creation of the will; not deceived, threatened, or coerced;
b) The content of the will does not violate legal prohibitions, does not contravene social ethics; the form of the will does not contravene legal regulations.
2. The will of a person from fifteen to under eighteen years old must be made in writing and agreed upon by their parents or guardian.
3. The will of a physically handicapped person or an illiterate person must be made in writing with witnesses and notarized or certified.
4. A written will without notarization or certification is only considered legal if it meets all the conditions prescribed in Clause 1 of this Article.
5. An oral will is considered legal if the testator expresses their final intentions before at least two witnesses and immediately after the final intention is expressed, the witnesses write, sign, or fingerprint it. Within five business days from the date the final intention was expressed, the will must be certified by a notary public or competent authority to verify the signatures or fingerprints of the witnesses.
To ensure the will is legal, you need to create the will meeting the conditions according to the regulations above.
Does the Testator Need to Personally Write the Will?
Pursuant to Article 634 of the Civil Code 2015 regarding written wills with witnesses:
If the testator does not personally write the will, they may type it themselves or have someone else write or type it, but there must be at least two witnesses. The testator must sign or fingerprint the will in the presence of the witnesses; the witnesses then certify the testator’s signature or fingerprint and sign the will.
The making of a written will with witnesses must comply with the provisions of Articles 631 and 632 of this Code.
Thus, according to the regulations above, the testator is not required to personally write or type the will but can have someone else write or type it, provided there are at least two witnesses.
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