Will is an expression of the desire of the testator after his death. It is usually made in writing. So, is the will of illiterate persons legal in Vietnam?
Article table of contents
Is the will of illiterate persons legal in Vietnam?
1. What is a will? What are the forms of will?
Pursuant to Article 624 of the Civil Code in 2015 stipulating the definition of will as follows:
Will means an expression of the wishes of a natural person, made in order to bequeath his or her property to others after his or her death.
Will shall be made:
- In writing
- Made orally
(As prescribed in Article 627 of the Civil Code in 2015)
2. Is the will of illiterate persons legal in Vietnam?
Pursuant to Article 630 of the Civil Code in 2015 stipulating an oral will shall be deemed lawful only if:
- The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;
- The contents of the will are not contrary to law or social morals and the will complies with legal formalities.
- A will made by a person between fifteen and eighteen years of age must be made in writing and with the consent of the parents or guardian of such person
- A will made by a person who is incapacitated or illiterate must be made in writing by a witness and must be notarized or certified.
- An oral will shall be deemed lawful only if the testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document.
As regulations above, an illiterate person is permissible to make a will by having a witness make a written will, or making an oral will if all the conditions for a lawful will are satisfied. In case of making an oral will, there must be at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document.
3. How to make written wills applicable to illiterate persons in Vietnam?
Pursuant to Article 634 of the Civil Code in 2015 stipulating the procedures for making written wills for illiterate persons as follows:
Where a testator is not able to write a will by his or her own hand, the testator may:
+ Typing himself/herself
+ Request another person to write or type
Must be witnessed by at least 2 persons.
Notice: The testator must sign or fingerprint the will in the presence of the witnesses; the witnesses shall acknowledge the signature or fingerprint of the testator and sign the will.
The will must be made in compliance with articles 631 and 632 of this Code.
4. What are the procedures for making wills applicable to illiterate persons in Vietnam?
Pursuant to Article 636 of the Civil Code in 2015 stipulating procedures for preparation of wills at notary office or people's committee of commune as follows:
- 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 acknowledge that it has been recorded accurately and that it expresses faithfully the intentions of the testator. The notary public officer or the member of the people's committee of the commune shall sign the will.
- 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.
Finally, 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.
Chi Nhan
