Making a written will ?

DMS Law firm in Danang, Vietnam advises about what are provisions of law in respect of making a written testament to give property to an heir after a person’s death ? How do I ensure my written will is valid? Can I prepare my own will without witness ?

A will or testament is the expression of a person's wishes as to transfer his/her assets to others after his/her death (Article 624 The Civil Code No. 91/2015/QH13  dated 11/24/2015).

Rights of testators

A testator has the following rights: Appoint heirs or to deprive an heir of the right to inherit the estate; determine those parts of the estate which each heir is entitled to; preserve part of the estate as a gift or for worship purposes; designate heirs to perform obligations; appoint a custodian of the will, an administrator of the estate, and a distributor of the estate.

Written wills (Article 628) comprise:

Unwitnessed written wills: A testator must write a will by his or her own hand and must sign it. The drawing up of a written will without witnesses must comply with article 631 of this Code.

Witnessed written wills: Where a testator is not able to write or type a will by his or her own hand, the testator may request another person to write or type the will, but there must be at least two witnesses. 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 witnessed written testament must be made in compliance with articles 631 and 632 of this Code.

Written wills which are notarized: A testator may request that the will be notarized or authenticated.

Written wills which are authenticated: A testator may request that the will be notarized or authenticated.

Lawful will

A lawful will must satisfy the following requirements: 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 do not violate legal prohibitions or social morals and the formalities of the will do not contrary to provisions of law. 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 has physical limitation or who is illiterate must be made in writing by a witness and must be notarized or authenticated. A written will which is not notarized or authenticated shall be deemed lawful only if it satisfies the requirements provided in Clause 1 of this Article (Article 630 The Civil Code No. 91/2015/QH13  dated 11/24/2015).

Contents of wills

A will must specify clearly the following: the date on which the will is made; the full name and place of residence of the testator; the full names of the persons and the bodies or organizations entitled to inherit the estate; the estate to be inherited and its location. A will must not be written using abbreviations or other symbols. If a will consists of several pages, each page must be numbered and bear the signature or fingerprint of the testator. Where a will has erasure or correction, the testator or the testament witness must sign beside erasing and corrected place (Article 631 The Civil Code No. 91/2015/QH13  dated 11/24/2015)./.

Related topics:

Common property of husband and wife in Vietnam

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DMS LAW LLC
Director
(Signed)
Lawyer Do Minh Son