Is a will of a person, who is not sound mind, valid if it is notarized in Vietnam?

Is a will of a person, who is not sound mind, valid if it is notarized 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.

As regulations above, a will created by a person, who is not sound mind, is not legally valid. Therefore, it does not have any legal effect. The notary public who notarizes such a will may also face fines.

Is a will of a person, who is not sound mind, valid if it is notarized in Vietnam? - Image from Internet

What are the fines for notarizing the will of a person, who is not sound mind, in Vietnam?

According to Clause 3, Article 13 of Decree 82/2020/ND-CP, a fine ranging from 10,000,000 VND to 15,000,000 VND are imposed for the following actions:

a) Notarizing a will that violates prohibited provisions of the law, goes against social ethics, or is not in accordance with legal regulations.

b) Notarizing a will in cases where, at the time of notarization, the testator clearly shows signs of mental illness or other conditions that impair their ability to comprehend or control their actions, or when there are reasonable grounds to believe that the will was made under duress, deception, or coercion, or when the testator is not of legal age to make a will, or when there are no witnesses present or the consent of the parents, guardians, or legal representatives is not obtained as required by regulations.

c) Notarizing a will in cases where the testator does not personally sign or indicate their consent on the notarization request form.

Therefore, notarizing a will by a person, who is not sound mind at the time of making the will, can result in a fine of a fine ranging from 10,000,000 VND to 15,000,000 VND In addition, the notary practicing certificate shall be suspended for a period of 1 to 3 months.

Best regards!