Authorization for Others to Notarize a Will: Is It Permissible? Where to Notarize a Will That Includes Real Estate?
Can authorization be given to another person to notarize a will?
Article 56 of the Law on Notarization 2014 stipulates 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 of the will.
2. In case the notary suspects that the testator has a mental illness or another condition that prevents them from understanding and controlling their behavior, or has grounds to believe that the will is being drafted under deceit, threat, or coercion, the notary shall request the testator clarify. If clarification cannot be made, the notary has the right to refuse to notarize the will.
In cases where the testator's life is threatened, the person requesting notarization is not required to present all the documents specified in Clause 1, Article 40 of this Law but must clearly state this in the notarized document.
3. A will that has been notarized but is later altered, supplemented, replaced, or wholly or partially canceled by the testator can be notarized by any notary. If the previous will is stored at a notarial practice organization, the testator must notify the organization about the changes, supplements, replacements, or cancellations of the will.
According to the above provisions, the testator must personally notarize their will and cannot authorize another person to do it on their behalf.
Can authorization be given to another person to notarize a will? Where to notarize a will with real property? (Image from Internet)
Where to notarize a will with real property?
Article 42 of the Law on Notarization 2014 stipulates the scope of notarizing contracts and transactions related to real property as follows:
Scope of Notarizing Real Property Contracts and Transactions
Notaries of notarial practice organizations are permitted to notarize contracts and transactions related to real property within the province or centrally-run city where the organization is based, except for the notarization of wills, documents renouncing real property inheritance, and authorization documents related to executing real property rights.
Therefore, under the above provisions, notaries can notarize wills and documents renouncing the inheritance of real property beyond the provincial scope where their notarial offices are located. Thus, one can notarize a will with real property at any notary office or notarial practice office.
In what cases is a written will considered as valid as a notarized or certified will?
Article 638 of the Civil Code 2015 stipulates written wills that hold the same value as notarized or certified wills as follows:
Written Wills with the Same Value as Notarized or Certified Wills
1. Wills made by active-duty military personnel, confirmed by the unit commander from the company level or higher, if the personnel cannot request notarization or certification.
2. Wills made by people on sea vessels or aircraft, confirmed by the command of the means of transport.
3. Wills made by patients receiving treatment at hospitals, medical facilities, or other care institutions, confirmed by the head of the hospital or facility.
4. Wills made by individuals conducting surveys, explorations, or research in mountainous areas, islands, confirmed by the head of the unit.
5. Wills made by Vietnamese citizens abroad, confirmed by Vietnamese consular or diplomatic representatives in that country.
6. Wills made by individuals under temporary detention, serving imprisonment sentences, or administrative measures at educational institutions or rehabilitation centers, confirmed by the head of the facility.
The cases where written wills are valid as notarized or certified wills include:
- Wills made by active-duty military personnel, confirmed by the unit commander from the company level or higher, if the personnel cannot request notarization or certification.- Wills made by people on sea vessels or aircraft, confirmed by the command of the means of transport.- Wills made by patients receiving treatment at hospitals or other medical facilities, confirmed by the head of the hospital or facility.- Wills made by individuals conducting surveys, explorations, or research in mountainous areas, islands, confirmed by the head of the unit.- Wills made by Vietnamese citizens abroad, confirmed by Vietnamese consular or diplomatic representatives in that country.- Wills made by individuals under temporary detention, serving imprisonment sentences, or administrative measures at educational institutions or rehabilitation centers, confirmed by the head of the facility.
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