What Constitutes a Legally Valid Will?

1. Conditions for the Validity of a Will

For a will to be legally effective, the first condition that must be met is that the person making the will must adhere to the legal requirements. Article 625 of the Civil Code 2015 (hereinafter referred to as Civil Code 2015) stipulates the conditions for the person making the will as follows:

- An adult who meets the conditions specified in point a, clause 1 of Article 630 of the Civil Code 2015 has the right to make a will to dispose of their assets;- A person from fifteen years old to under eighteen years old is permitted to make a will if their parents or guardians agree to the making of the will.

Simultaneously, in accordance with Article 630 of the Civil Code 2015, at the time of making the will, the testator must be of sound mind, not deceived, threatened, or coerced; the content of the will must not violate the law, social ethics, and its form must comply with legal regulations.

2. Form of the Will

According to Article 627 of the Civil Code 2015, a will must be in written form. If a written will cannot be made, an oral will is permissible. The person making the written will may choose one of the following four forms:

- Will in written form without witnesses;- Will in written form with witnesses;- Will in written form notarized;- Will in written form certified.

3. Content of the Will

Article 631 of the Civil Code 2015 stipulates that a will must contain the following main contents:

- Date, month, year of the will;- Full name and residence of the testator;- Full name of individuals, agencies, and organizations inheriting the estate;- The estate to be divided and the location of the estate.

In addition to these contents, the will may include other contents. The will must not contain abbreviations or symbols, and if the will has multiple pages, each page must be numbered and signed or thumb-printed by the testator. If there are erasures or corrections in the will, the testator or the witness of the will must sign next to the erasures or corrections.

4. Rights of the Testator

The testator has the following rights:

- Designate heirs; disinherit an heir;- Allocate portions of the estate to each heir;- Allocate a part of the estate for donation or worship;- Assign obligations to the heirs;- Designate the custodian of the will, the manager of the estate, and the distributor of the estate.

These content are stipulated in Article 626 of the Civil Code 2015.

5. Validity of the Will

The regulations on the validity of a will are specified in Article 643 of the Civil Code 2015. Specifically:

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE