According to the law in Vietnam, is a will made in a hospital valid?

According to the law in Vietnam, is a will made in a hospital valid?

Pursuant to Article 638 of the Civil Code in 2015 stipulating written wills valid as though notarized or certified as follows:

1. A written will made by a serving soldier who is not able to request a notarization or certification of his or her will provided that such will is certified by the head of his or her unit having the rank of a company commander or higher.

2. A written will made by a person travelling on a seagoing vessel or aircraft provided that the will is certified by the captain of the vessel or aircraft.

3. A written will made by a person undergoing medical treatment in a hospital or other medical establishment or sanatorium provided that the will is certified by the person in charge of such hospital or establishment or sanatorium.

4. A written will made by a person conducting surveys, explorations or research in mountainous areas, forests or offshore islands provided that the will is certified by the person in charge of the unit.

5. A written will made by a Vietnamese citizen residing abroad provided that the will is certified by a Vietnamese consular or diplomatic representative mission in that country.

6. A written will made by a person held in temporary detention, serving a prison sentence or administrative penalty, or at an educational or medical facility provided that the will is certified by the person in charge of such facility.

As regulations above, in the case that your father is currently receiving treatment in the hospital and he wants to make a will, that will made in the hospital will still be valid under Vietnamese law. However, the will must be confirmed by the person in charge of such hospital.

According to the law in Vietnam, is a will made in a hospital valid? - Source: Internet

What are conditions for a will made in a hospital to be valid in Vietnam?

Pursuant to Article 630 of the Civil Code in 2015 stipulating lawful wills as follows:

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.

Therefore, your father's will shall be valid if all above requirements are satisfied and in accordance with the law.

When does a will made in a hospital take effect in Vietnam?

Pursuant to Article 643 of the Civil Code in 2015 stipulating legal effectiveness of wills as follows:

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.

Pursuant to Clause 1 Article 611 of the Civil Code in 2015 stipulating time and place of commencing inheritance as follows:

1. The time of commencement of an inheritance shall be the time when the deceased dies. Where a court declares that a person is dead, the time of commencement of the inheritance shall be the date provided in Clause 2 of Article 71 of this Code.

As regulations above, the will that your father makes in the hospital shall be valid by the time of commencement of an inheritance, which is the time when your father dies.

Best regards!