Once I have made a will, can I make another will in Vietnam? Can a will be changed after notarization in Vietnam?

Once I have made a will, can I make another will in Vietnam?

My grandfather has 4 children and he has now made a will for them. Now he has changed his mind and want to make another will to replace the old will. Is it possible to only leave the will for 3 people? The will has been notarized, he is now depositing it at Nguyen Huong notary office.

Reply:

Article 640 of the 2015 Civil Code stipulates amendment of, addition to, replacement or revocation of wills as follows:

1. A testator may amend, add to, replace or revoke his or her will at any time.

2. If a testator adds to his or her will, the original will and the codicil shall have equal validity. If a part of the original will and the codicil conflict with each other, the codicil shall prevail.

3. Where a testator replaces a will with a new will, the previous will shall be deemed to have been revoked.

According to the above regulations in Vietnam, he has the right to make another will to replace the previous will.

And Clause 3, Article 56 of the Notary Law 2014 stipulates as follows:

3. The testator who wishes to modify, supplement, replace, or cancel part or the whole of, his/her notarized testament may request any notary to notarize such modification, supplementation, replacement or cancellation. In case the testament was previously kept at a notarial practice organization, the testator shall notify this organization of the modification, supplementation, replacement or cancellation of the testament.

Therefore, if he wants to make another will to replace the old will, he must notify Nguyen Huong notary office (currently holding the will) about this issue in Vietnam.

Once I have made a will, can I make another will in Vietnam? Can a will be changed after notarization in Vietnam? (Image from the Internet)

Can a will be changed after notarization in Vietnam?

Last month I went to the notary office to make a will. But now I think again, I want to edit some of the content in it, is it possible? Thank you.

Reply:

According to Clause 1, Article 640 of the 2015 Civil Code:

1. A testator may amend, add to, replace or revoke his or her will at any time.

In addition, Clause 3, Article 56 of the Notary Law 2014 also stipulates as follows:

3. The testator who wishes to modify, supplement, replace, or cancel part or the whole of, his/her notarized testament may request any notary to notarize such modification, supplementation, replacement or cancellation. In case the testament was previously kept at a notarial practice organization, the testator shall notify this organization of the modification, supplementation, replacement or cancellation of the testament.

Thus, according to the above regulations in Vietnam, you can completely change the content of a notarized will.

At which notary office to amend a notarized will in Vietnam?

Some time ago I was in Hanoi and made a will, which was notarized at a notary office outside Hanoi. Now that I have returned to my hometown in Ha Tinh, if I want to change some of the contents of the will, do I have to go to the old notary office in Hanoi? Thank you!

Reply:

Clause 3, Article 56 of the Notary Law 2014 has the following provisions:

3. The testator who wishes to modify, supplement, replace, or cancel part or the whole of, his/her notarized testament may request any notary to notarize such modification, supplementation, replacement or cancellation. In case the testament was previously kept at a notarial practice organization, the testator shall notify this organization of the modification, supplementation, replacement or cancellation of the testament.

=> According to this regulation, when you want to amend a notarized will, you can request any notary to notarize the amendment. If the will is being kept at a notary practice organization, the testator must notify the notary practice organization that is keeping the will of the amendment to the will.

Thus, you do not have to go to the notary office in Hanoi to amend your will. You can ask any notary at notary offices in Ha Tinh to request a notarization of will amendments in Vietnam.

In case your will is being kept at a notary practice organization in Vietnam, you must notify the notary practice organization that is storing the will of any amendments, supplements, replacements, or cancellations of the will. 

Best regards!