Is a General Health Checkup Mandatory Before Making a Will?
Based on Article 630 of the 2015 Civil Code, the legal will is stipulated as follows:
- A legal will must meet the following conditions:
a) The person making the will is of sound mind and clear disposition at the time of making the will; not deceived, threatened, or coerced;
b) The content of the will does not violate the prohibitions of the law, is not against social morals; the form of the will is not contrary to the provisions of the law.
The will of a person from fifteen years old to under eighteen years old must be made in writing and must be agreed upon by their father, mother, or guardian regarding the making of the will.
The will of a person with physical limitations or of a person who is illiterate must be made in writing by a witness and notarized or certified.
A written will without notarization or certification is only considered legal if it meets the conditions specified in Clause 1 of this Article.
An oral will is considered legal if the person making the will expresses their final wishes in the presence of at least two witnesses, and immediately after the person making the will expresses their final wishes, the witnesses write it down, sign or point. Within 05 working days from the date the person making the will expresses their final wishes, the will must be notarized or certified by a competent authority to confirm the signatures or points of the witnesses.
Thus, currently the law does not have any provision requiring the person making the will to undergo a health examination and have a health certificate. However, to avoid unnecessary disputes, it is encouraged that the person making the will should prepare a health certificate to prove that they are of sound mind and clear disposition.
Respectfully!
