Will relating to real estate should be notarized at which notary office?
In the case of a will related to real estate, at which notary office should it be notarized?
Based on Article 42 of the Law on Notarization 2014, the regulation is as follows:
Notaries of notarial practice organizations can only notarize contracts and transactions related to real estate within the boundary of the province or centrally-run city where the notarial practice organization is located, except for the case of notarizing wills, written refusals to accept real estate inheritance, and documents of authorization related to exercising rights over real estate.
You may notarize a will related to real estate at any notary office.
Is it mandatory to notarize a will?
Based on Article 630 of the Civil Code 2015, the regulation is as follows:
- A lawful will must meet the following conditions:
a) The testator is of sound mind and not deceived, threatened, or coerced when making the will;
b) The content of the will does not violate statutory prohibitions; it is not against social morals and the will's form does not violate legal regulations.
A will made by a person between full fifteen years old and under eighteen years old must be in writing and consented to by their parents or guardian.
A will of a person who is physically impaired or illiterate must be made in writing and notarized or authenticated with witnesses.
4. A written will without notarization or authentication is only considered lawful if it meets the conditions stipulated in clause 1 of this Article.
- Oral wills are considered lawful if the testator expresses their final wishes before at least two witnesses, and the witnesses immediately document and sign or fingerprint the will. Within 5 working days from the date the testator expresses their final wishes, the will must be notarized or authenticated by a notary or competent authority to confirm the signatures or fingerprints of the witnesses.
Therefore, if a will is made while you are of sound mind, not deceived, threatened, or coerced, and its content does not violate statutory prohibitions or social morals, and it follows the correct form, there is no need to notarize the will.
Best regards!
