Currently, the bequeathal should become common and it is a form in which the person who has the property disposed of to the other person(s) died. The making of a testament in some cases shall be invalid. What testament be totally invalidated in Vietnam?
Article table of contents
What testament be totally invalidated in Vietnam?
Case 1: The testament is void due to invalidity in Vietnam
- The testator dies prior to or at the same time as the testator;
- A testament with an agency or organization being a heir no longer exists at the time of its opening;
- The bequeathed property no longer exists at the time of opening the inheritance.
(Clause 2 Article 643 of the Civil Code 2015)
Case 2: The testament is invalid due to its failure to satisfy conditions in Vietnam
- The bequeather is a patent for the creation of a testament;
Not being deceived, threatened or coerced;
- The contents of a testament do not contravene the law and social ethics;
The form of a testament shall not be contrary to law.
- The testament does not meet the following requirements:
+ The testament made in writing by a person aged between fifteen and under eighteen years of age with the consent of his or her parents or guardian.
+ Personal rights of persons whose names are restricted in nature or of persons whose testimonies are unknown must be notarized or certified by the witnesses.
+ The testament in writing having no notarization or authentication shall be considered lawful only if it satisfies all the conditions specified in Clause 1, Article 630 of the Civil Code 2015.
+ An oral testament is considered legal if the oral testator shows his/her last testament in front of at least two witnesses and immediately after the oral testator shows his/her final testament, the witness takes notes again, jointly sign or fingerprint.
Within a time-limit of five working days from the date on which the oral testament is expressed as the last will, the testament must be certified by the notary public or the competent authority to certify the signature or fingerprint of the witness.
In addition, when a person leaves more than one testament with respect to one property, the later testament shall become effective.
(Article 630 of the Civil Code 2015)
Ngoc Nhi
- Key word:
- testament
