Is it possible for friends to receive inheritance in Vietnam?
Is it possible for friends to receive inheritance in Vietnam? Can I leave my family's land to friends as inheritance? What is a lawful will? I'm Long and living in Binh Duong. Is it possible for my friend, who is not in my family, to inherit my property? And is it possible if I leave my family's land to that friend as inheritance? Looking forward to your consultancy!
Is it possible for friends to receive inheritance in Vietnam?
Pursuant to Article 609 of the Civil Code in 2015 stipulating rights of inheritance as follows:
A natural person may make a will to dispose of his or her estate, may leave his or her property to an heir in accordance with law, or may inherit an estate left to him or her under a will or in accordance with law.
An heir not being natural person has the right to inherit estate under a will.
Therefore, your friend can inherit your property through the method of making a will.
Can I leave my family's land to friends as inheritance?
Pursuant to Article 612 of the Civil Code in 2015 stipulating estates as follows:
An estate comprises property which the deceased owned and property which the deceased jointly owned with other persons.
As regulation above, to make a will to leave this land to your friend, you have to certify that the right of using this land belongs to only you not your family.
What is a lawful will?
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.
Best regards!
