What are the conditions for oral wills in Vietnam to be considered legal? When will oral wills automatically become invalid?
What are the conditions for oral wills to be considered legal in Vietnam?
According to Clause 1, Article 629 of the 2015 Civil Code, it is stipulated that oral wills can be made as follows:
Oral wills
1. Where a person is likely to die due to illness or any other reason and it is not possible for him or her to make a written will, such person may make an oral will.
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According to Article 630 of the 2015 Civil Code, the conditions for oral wills to be considered legal are as follows:
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.
Thus, an oral will shall be deemed lawful only if :
- The testator orally expressed his or her last wishes before at least two witnesses.
Witnesses for making oral wills must meet the conditions specified in Article 632 of the 2015 Civil Code.
- The witnesses immediately record the wishes in writing and signed or fingerprinted the document.
- The oral 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, an oral will is the basis for establishing civil relations related to rights and obligations in inheritance, so the person making an oral will must also meet the conditions prescribed in Article 625 of the 2015 Civil Code and Point a, Clause 1, Article 630 of the 2015 Civil Code.
What are the conditions for oral wills in Vietnam to be considered legal? When will oral wills automatically become invalid?
When will the wills become legally effective?
Pursuant to Clause 1, Article 643 of the 2015 Civil Code, regulations on the validity of wills are as follows:
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.
Accordingly, when an oral will is determined as a legal will, the oral will shall become legally effective from the time of commencement of the inheritance.
Vietnam: When will oral wills automatically become invalid?
According to Clause 2, Article 629 of the 2015 Civil Code, it is stipulated that oral wills can be made as follows:
Oral wills
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2. If the testator is alive and is of sound mind three months after he or she has made an oral will, such will shall automatically become invalid.
Thus, if the testator is alive and is of sound mind three months after he or she has made an oral will, such will shall automatically become invalid.
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