Can a will be amended after it is made but before the testator's death?

Can a will be amended after it is made but before the testator's death?

Article 640 of the Civil Code in 2015 provides for the amendment, supplementation, replacement, and revocation of a will as follows:

1. A testator may amend, supplement, replace, or revoke a will that has been made at any time.

2. If a testator supplements a will, the original will and the supplement have the same legal effect; if a part of the original will and the supplement contradict each other, only the supplement has the legal effect.

3. If a testator replaces a will with a new will, the previous will is revoked.

According to the current regulations, the law allows a testator to amend a will that has been made at any time. If a testator replaces a will with a new will, the previous will is revoked.

Can a will be amended after it is made but before the testator's death? - Source: Internet

Is it legal to make a will in writing at a hospital and have the hospital director sign and certify it?

Article 638 of the Civil Code in 2015 provides for the validity of a will in writing that is equal to a will that has been notarized or certified as follows:

1. A will of a soldier in active service has the confirmation of the head of the unit from the company level or higher, if the soldier cannot request notarization or certification.

2. A will of a person traveling on a ship or plane has the confirmation of the commander of that vehicle.

3. A will of a person being treated at a hospital, medical facility, or other nursing facility has the confirmation of the head of the hospital or facility.

4. A will of a person working in surveying, exploration, or research in a forest, mountain, or island area has the confirmation of the head of the unit.

5. A will of a Vietnamese citizen living abroad has the certification of the Vietnamese consular office or diplomatic representative in that country.

6. A will of a person who is being detained, arrested, serving a prison sentence, or undergoing administrative punishment at an educational facility or medical facility has the confirmation of the head of the facility.

As regulations above, in the case of a testator who is being treated at a hospital, the act of making a will in writing at the hospital and having it confirmed by the hospital director is still considered to be legal.

How is the validity of a will in Vietnam determined?

Article 643 of the Civil Code in 2015 provides for the validity of a will as follows:

1. A will is valid from the time of the opening of the succession.

2. A will is invalid in whole or in part in the following cases:

a) The beneficiary of the will dies before or at the same time as the testator.

b) The organization designated as the beneficiary of the will no longer exists at the time of the opening of the succession.

In the case where there are multiple beneficiaries of the will and one or more of them die before or at the same time as the testator, or one of the organizations designated to inherit under the will no longer exists at the time of the opening of the succession, then only the part of the will relating to that individual or organization is invalid.

3. A will is invalid if the property bequeathed to the beneficiary is no longer in existence at the time of the opening of the succession. If the property bequeathed to the beneficiary only remains in part, then the part of the will relating to the remaining property is still valid.

4. When a will contains a part that is not legal but does not affect the validity of the other parts, then only that part is invalid.

5. When a person leaves multiple wills for the same property, then only the last will is valid.

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