Does the will need a witness in Vietnam?

A will must not be abbreviated or written in symbols, if the will consists of many pages, each page must be numbered and signed or marked by the testator. In case a will has been erased or corrected, the person who wrote the will or testified to it must sign his/her signature next to the place where the will is erased or corrected. So about the matter “Does the will need a witness in Vietnam?” Let’s find out with LSX in the article below.

Legal grounds

• Civil Code 2015

What is a will?

Will, according to the provisions of Article 624 of the Civil Code 2015, is understood as a document or speech expressing the will and aspiration of a person in the disposition of property, transfer of ownership rights and rights. use property for others after death.

In particular, the person who has the right to make a will to dispose of his or her property, according to the provisions of Article 625 of the 2015 Civil Code, is determined to be an adult, has left behind property, is lucid, wise and complete. voluntarily when making a will. A minor from full 15 years old to under 18 years old is still entitled to make a will like an adult but must be approved by his/her father, mother or legal guardian. Regulations on the age of making a will (from full 15 years old or more) aims to ensure the exercise of the rights of property owners – when they are able and qualified to create their own assets. .

When a person makes a will to dispose of his or her property, the will will only take effect from the time of opening the inheritance, that is, the time when the person having the property dies, or is declared dead by the Court according to regulations. At the same time, according to the provisions of Article 643 of the 2015 Civil Code, the will made as a basis for property division after a person’s death is determined to be a lawful will and the last will that is determined by law. they created before they died.

Conditions for validity of wills

Validity conditions of a will are defined as the conditions for a will to be valid.

According to the current law, at present, a will is determined to be legal when it meets the conditions specified in Article 630 of the 2015 Civil Code, specifically the following conditions:

Condition 1: About the testator:

It can be seen that, as analyzed above, according to the provisions of current law, specifically Article 625 of the Civil Code 2015, the testator must be at least 15 years old. However, whether the person is an adult or a minor (from full 15 years of age or older), when making a will, they must meet the conditions of saneness, discernment and not be deceived, or coerced. threatening when making a will.

Regulations on this condition are to ensure that the will that has been made can most accurately reflect the will of the property owner in disposing of the property before death. If a will is made when the testator is not sane or lucid, that is, he is not fully capable of acting to make a will or is forced or influenced by others, the contents of that will will not express the will, the real desire of the testator in disposing of their own property before death.

Condition 2: Regarding the content of the will:

Regarding the content of wills, according to the provisions of Article 630 of the Civil Code 2015, a will will include basic contents such as: date, month and year of making the will; testator information; personal information, the agency entitled to the estate; information about the estate and the conditions for inheriting it (if any) and other contents.

Currently, according to the provisions of current law, specifically according to the provisions of Articles 630, 631 of the Civil Code 2015, a will is determined to be legal when the content of the will does not violate the provisions of this Law and not contrary to social morality. In there:

The prohibition of the law, according to the provisions of Article 123 of the 2015 Civil Code, are defined as the provisions of the law that regulate the acts that the subject is not allowed to do/perform. Social ethics, on the other hand, are standards, regulations, and content that are common standards of conduct in life, accepted by everyone in society, and implicitly acknowledged and respected by the community.

The form of the will

Regarding the form of a will, according to the provisions of Articles 627 and 628 of the 2015 Civil Code, a will can be made in writing or an oral will. In which, a written will includes: a written will without witnesses, a written will with witnesses or a written will with a public official or notarized.

With each form of will making, in order for a will to be determined to be lawful and effective in practice, the law requires that the made will must meet certain conditions in terms of form, specifically: :

Oral wills

Pursuant to the provisions of Article 629 of the 2015 Civil Code, an oral will is only recognized as lawful when it is made in the case that a person is facing a life-threatening death, there is not enough time and there is not enough time as a condition for making a will in writing. For example, making an oral will when a person with cancer is dying, and is not healthy enough, time to write a will in writing.

At the same time, according to the provisions of Article 630 of the Civil Code 2015, an oral will is determined to be lawful, in addition to meeting the time and circumstances of making a will mentioned above, the testator must show final will to dispose of his or her property before at least two witnesses.

In which, witnesses for the making of wills, as prescribed in Article 632 of the Civil Code 2015, must be adults, have full capacity for civil acts as prescribed by law, and not belongs to the case of having rights, or obligations related to the content of the will, and is not an heir to the property left by the testator according to the content of the will or according to the law.

A written will without witnesses:

When a person decides to make a will in writing and there is no witness, this will must contain all the contents of an ordinary will as prescribed in Article 631 of the 2015 Civil Code cited above. . This will, according to the provisions of Article 633 of the Civil Code 2015, must be written by the testator himself and signed by himself in the content of the will. In case a will has many pages or sheets, the testator must write in full ordinal numbers and concurrently sign each page of the will.

At the same time, the will and testament may not be abbreviated, nor written or annotated with symbols. The testator, if there is any correction or erasure of any content of the will, must sign next to that place of erasure or correction to verify that he or she has corrected or erased it by himself, not by someone else. ensure the legitimacy of the will.

A written will with witnesses:

The choice of making a written will with witnesses, according to the provisions of Article 634 of the Civil Code 2015, is applied in cases where the testator writes the will by himself and requests the witness or the testator. in cases where the testator does not write the will by himself, but types it himself or asks someone else to write or type the will.

For a will made in this case, according to the law, the will must have at least two witnesses. In particular, the witness must also meet the conditions specified in Article 632 of the Civil Code 2015 like the witness in the case of making an oral will.

Notarized written will:

In addition to making a will in writing without witnesses, in writing with witnesses or in an oral will, the testator still has the right to make a will and request the testament notarization. The making of a notarized written will can be done through the testator going to a notary public office or a notary practice organization to make or requesting a notary to come to his/her place of residence to make a will. wish.

Certified written will:

For the making of a certified written will, the testator will go directly to the commune-level People’s Committee where he/she resides to make the will. Regarding the order and procedures for making a certified will, it will be carried out similar to the case of making a will at a notary public office or a notary practice organization analyzed above.

Does the will need a witness in Vietnam?

Article 634 of the 2015 Civil Code stipulates:

Article 634. Written wills with witnesses

In case the testator does not write the will by himself, he may type it himself or ask another person to write or type the will, but there must be at least two witnesses. The testator must sign or point to the will in front of the witnesses; the witnesses certify the signature and fingerprints of the testator and sign the will.

The making of a written will with witnesses must comply with the provisions of Articles 631 and 632 of this Code.

Accordingly, when an heir does not express his will to leave his or her property in a written form, at least 2 witnesses and witnesses who do not fall into the cases specified in Clause 1 of this Article are required. Article 632 of the Civil Code 2015. Therefore, a written will without witnesses will have no legal effect.

Article 630 of the 2015 Civil Code provides for lawful Wills

A lawful will must satisfy the following conditions:

The testator is lucid and lucid while making the will; not be deceived, threatened or coerced;

The content of the will does not violate the prohibition of the law, does not violate social ethics; the form of a will is not contrary to the provisions of the law.

The will of a person aged between full fifteen and under eighteen years must be made in writing and must be approved by the father, mother or guardian in making a will.

Wills of persons with physical limitations or those who are illiterate must be made in writing by witnesses and notarized or authenticated.

A written will that is not notarized or authenticated is only considered lawful if all the conditions specified in Clause 1 of this Article are satisfied.

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Accordingly, a will can be made in writing and without witnesses.

Thus, depending on the type of will that is made, a witness is required or not.

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