Things to know about a legal will in Vietnam

Things to know about a legal will in Vietnam​ (Image from the internet)

Concept and form of wills in Vietnam

Based on Articles 624, 628, 629 of the Civil Code 2015 on the concept and form of legal wills:

* Concept of wills:

A will is the expression of an individual's intent to transfer their property to another person after death.

* Form of wills:

- Written wills

+ Written wills without witnesses.

+ Written wills with witnesses.

+ Written wills with notarization.

+ Written wills with certification.

- Oral wills

+ In cases where a person's life is threatened by death, and they cannot make a written will, an oral will may be made.

+ After 03 months from the time of making the oral will, if the testator is still alive, clear-minded, and lucid, the oral will is automatically nullified.

What is a legal will according to the law in Vietnam?

According to Article 630 of the Civil Code 2015, a legal will must meet the following conditions:

- The person making the will must be clear-minded and lucid while making the will; not deceived, threatened, or coerced;

- The contents of the will must not violate the prohibitions of the law, must not be against social morality; the form of the will must not contravene the provisions of law.

- Wills made by persons from the full age of fifteen to under eighteen years must be in writing and have the consent of their parents or guardians.

- Wills of persons with physical impairments or persons unable to write must be made in writing by a witness and notarized or certified.

- A written will without notarization or certification is only considered legal if it meets the conditions specified in clause 1 of Article 630 Civil Code 2015.

- An oral will is considered legal if the testator expresses their final wish in front of at least two witnesses, and immediately after the testator expresses their final wishes, the witnesses record it, sign it, or fingerprint it. Within 05 working days from the date the testator expresses their final wishes, the will must be notarized or authenticated by a competent authority to verify the signatures or fingerprints of the witnesses.

When does a will take effect in Vietnam?

The validity of a will is regulated in Article 643 of the Civil Code 2015 as follows:

- A will takes effect from the time the inheritance is opened.

- A will is wholly or partially ineffective in the following cases:

+ The heir under the will dies before or at the same time as the testator;

+ The agencies or organizations designated as heirs no longer exist at the time the inheritance is opened.

In cases where there are multiple heirs under the will and one dies before or at the same time as the testator, or one of the designated agencies or organizations no longer exists at the time the inheritance is opened, only the part of the will concerning that individual, agency, or organization is ineffective.

- A will is ineffective if the estate left for the heirs no longer exists at the time the inheritance is opened; if only a part of the estate is left for the heirs, the part of the will concerning the remaining estate remains effective.

- When a part of the will is illegal without affecting the validity of the remaining parts, only that part is ineffective.

- When a person leaves multiple wills for a single asset, only the latest will is effective.

Phan Nhat Vy

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