Can a person under the age of 18 make an oral will in Vietnam?
Please ask, can a person under the age of 18 make an oral will in Vietnam? When is an oral will valid in Vietnam? Please advise.
Is an oral will of a person under the age of 18 valid in Vietnam?
Pursuant to Article 630 of the 2015 Civil Code has the following provisions:
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, according to the provisions of this Law in Vietnam, a will of a person under the age of 18 must be made in writing and with the consent of the parents or guardian on the making of a will. Therefore, the oral will of a person under the age of 18 has no legal effect.
When is an oral will valid in Vietnam?
Also according to Clause 5, Article 630 of the 2015 Civil Code:
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.
According to this Article, for an oral will to be valid in Vietnam, the following conditions must be met:
- Must express the last will of the testator
- There are at least two witnesses
- Recorded and signed by the witness
- Must be certified by a notary or a competent authority
Best Regards!
