Will in Writing with One Witness: Is It Valid? Can the Will Be Written in English?
Is a written will with one witness valid?
Yes, let me ask: my grandmother has written a will by typing it and asked one person to witness it. Is this will valid or not?
Answer:
According to Article 634 of the 2015 Civil Code, which regulates wills with witnesses as follows:
In cases where the person making the will does not write the will themselves, they can type it themselves or ask someone else to write or type the will, but there must be at least two witnesses. The testator must sign or fingerprint the will in the presence of the witnesses; the witnesses must confirm the testator's signature or fingerprint and sign the will.
The making of a written will with witnesses must comply with the provisions of Articles 631 and 632 of this Code.
Therefore, the minimum requirement for witnesses in the mentioned case is 02 people. Consequently, having only one witness will render the will invalid.
Can a will be made in English?
Does our law prohibit making a will in English? How is this regulated?
Answer:
According to Chapter XXII of the 2015 Civil Code, which regulates inheritance by will, this Chapter does not mention that a will must be made in any specific language, thus it can be understood that a will made in a foreign language is still accepted.
Moreover, Clause 5 of Article 647 of the 2015 Civil Code also stipulates: In cases where a will is made in a foreign language, it must be translated into Vietnamese and notarized or authenticated.
Based on these grounds, we can affirm that a will can still be made in a foreign language. Therefore, a will can be made in English. However, this will must be translated into Vietnamese and notarized or authenticated.
03 cases where one cannot be a witness for making a will
I want to make a will. I intend to ask someone to witness the making of my will. Who can I ask to be my witness?
Answer:
According to Article 632 of the 2015 Civil Code, witnesses for the making of a will are regulated as follows:
Everyone can witness the making of a will, except the following persons:
- The heirs under the will or by law of the testator.- Persons with property rights or obligations related to the content of the will.- Minors, persons who have lost civil capacity, persons who have difficulties in perception or behavior control.
Therefore, you can ask anyone to witness the making of your will. However, you need to note the above 03 cases, as you cannot ask these people to be witnesses. If you ask them to witness, this witnessing will be considered legally invalid.
Respectfully!
