What are the instructions on procedures for making a will at the Commune People's Committee in Vietnam? In cases where there are multiple wills, which one will take effect?
What are the instructions on procedures for making a will at the Commune People's Committee in Vietnam? In cases where there are multiple wills, which one will take effect?
I live in Ha Dong. Tomorrow, I will be taking my mother to the commune People's Committee to make a will and have it notarized. I would like to know the procedures in advance to make it more convenient. If my mother makes multiple wills for the same type of property, which one will take effect?
What are the instructions on procedures for making a will at the Commune People's Committee in Vietnam?
Pursuant to Article 636 of the Labor Code in 2019 stipulating procedures for preparation of wills at notary office or people's committee of commune as follows:
Procedures for preparation of wills at notary office or people's committee of commune
The preparation of a will at a notary office or the people's committee of the commune must comply with the following procedures:
1. The testator shall declare the contents of his or her will to a notary public officer or a member of the people's committee of the commune who has the authority to certify it. The notary public officer or the person having the authority to certify must record the wishes stated by the testator. The testator shall sign or fingerprint the will after acknowledging that it has been recorded accurately and that it expresses faithfully the intentions of the testator. Thereafter, the notary public officer or the member of the people's committee of the commune shall sign the will;
2. Where the testator is not able to read or hear the will or not able to sign or fingerprint it, there must be a witness who must acknowledge the will by signing it before a notary public officer or a member of the people's committee of the commune who has the authority to certify it. The notary public officer shall notarize the will, or the member of the people's committee of the commune who has the authority to certify the will shall certify it, in the presence of the testator and the witnesses.
In summary, here are the specific steps:
1. Your mother will read the contents of the will in front of the Chairman or Vice Chairman of the commune (they will be assigned for this purpose).
2. The Chairman or Vice Chairman will record the statement made by your mother.
3. After the authorized person has recorded the will, your mother will sign or make a mark on the will.
4. The Chairman or Vice Chairman will also sign the will.
You can guide your mother to follow these procedures to make the process of making and notarizing the will more convenient.
What are the instructions on procedures for making a will at the Commune People's Committee in Vietnam? In cases where there are multiple wills, which one will take effect? - Image from Internet
In cases where there are multiple wills in Vietnam, which one will take effect?
Pursuant to Clause 5 Article 643 of the Labor Code in 2019 stipulating legal effectiveness of wills as follows:
1. A will shall become legally effective from the time of commencement of the inheritance.
2. All or part of a will shall be legally ineffective in any of the following cases:
a) An heir under the will dies prior to or at the same time as the testator dying;
b) A body or organization named as an heir no longer exists at the time of commencement of the inheritance.
Where there are several heirs under a will and one of them dies prior to or at the same time as the death of the testator or one of the bodies or organizations named as an heir under the will no longer exists at the time of commencement of the inheritance, only that part of the will which relates to the individual, body or organization no longer existing shall be legally ineffective.
3. A will shall not be legally effective if the estate left to the heirs no longer exists at the time of commencement of the inheritance. If only part of the estate left to the heirs remains, only that part of the will which relates to such part of the estate shall be legally effective.
4. Where a will contains provisions which are unlawful but such provisions do not affect the effectiveness of the remainder of the will, only such provisions shall be legally ineffective.
5. Where a person leaves behind more than one will with respect to certain property, only the most recent of such wills shall be legally effective.
Therefore, if your mother leaves multiple wills for the same property, only the last will shall be effective. However, it is important to ensure that the last will is valid according to the legal regulations.
Best regards!









