Conditions for an Oral Will to be Considered Legal

Regarding this matter, THU KY LUAT provides the following explanation:

A will is the expression of an individual's intention to transfer their assets to others after their death. Article 627 of the Civil Code 2015 stipulates that a will must be made in writing; if it is not possible to make a written will, an oral will may be made.

Illustrative Image (Source: Internet)

To be specific, an oral will is made when a person's life is threatened by death and they cannot make a written will. Therefore, the making of an oral will must be carried out in truly necessary circumstances where a written will cannot be made. However, an oral will is only lawful if it meets statutory conditions.

According to Clause 5, Article 630 of the Civil Code, an oral will is considered lawful when it meets the following requirements:

- First, the oral will is made in the presence of at least two witnesses, and immediately after the testator expresses their final intentions, the witnesses must record it in writing, sign, or fingerprint it.

- Second, within 5 working days from the day the testator expresses their final intentions, the will must be certified by a notary public or a competent authority to verify the signatures or fingerprints of the witnesses.

In your case, after your father left an oral will, no one recorded it in writing, and there were no signatures from the two witnesses who are the commune police officer and the village head. Additionally, it has been more than 5 days since your father's passing, and the will has not been authenticated. Therefore, the oral will left by your father will not have legal effect.

Thus, the distribution of your father's estate will be carried out in accordance with the law.

Thanh Lam

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