Is Notarization or Authentication of a Will Mandatory for Illiterate Persons? Procedures for Making a Will at a Private Residence.
Is it mandatory to notarize or certify the will of an illiterate person?
Is it mandatory to notarize or certify the will of an illiterate person?
Answer:
Based on Clause 3, Article 630 of the Civil Code 2015, the regulation is as follows:
The will of a physically impaired individual or an illiterate person must be documented by a witness and notarized or certified.
Therefore, in the case of the will of an illiterate person, it must be documented by a witness and notarized or certified according to the above regulation.
What are the procedures for making a will at a private residence?
What are the procedures for making a will with a notary at the private residence of the person requesting the will?
Answer:
Based on Clause 2, Article 639 of the Civil Code 2015, the regulation is as follows:
The procedure for making a will at the residence is carried out in the same manner as the procedure for making a will at a notarial practice organization according to the provisions of Article 636 of this Code.
And according to Article 636 of this Code, the procedures are stipulated as follows:
The will maker shall declare the content of the will before a notary or a person with the authority to certify from the People's Committee at the commune level. The notary or the person with the authority to certify from the People's Committee at the commune level must record the content declared by the will maker. The will maker signs or fingerprints the will after confirming that the recorded will accurately reflects their wishes. The notary or the person with the authority to certify from the People's Committee at the commune level signs the will.
In the case where the will maker cannot read, hear, sign, or fingerprint the will, they must have a witness and this witness must sign for verification in front of the notary or the person with authority to certify from the People's Committee at the commune level. The notary or the person with the authority to certify from the People's Committee at the commune level certifies the will in front of the will maker and the witness.
Can the content of the will be written in abbreviations?
Can abbreviations be used when writing the content of the will?
Answer:
Based on Clause 3, Article 631 of the Civil Code 2015, the regulation is as follows:
A will must not be written in abbreviations or symbols; if the will spans multiple pages, each page must be numbered and signed or fingerprinted by the will maker.
In the case where the will contains deletions or corrections, the individual writing the will or the witnesses to the will must sign next to the deletions or corrections.
Thus, it can be seen that the content of the will must not be written in abbreviations or symbols according to the above regulation.
Respectfully!
