I just went to the doctor to find out that I have terminal cancer. After many years of working, I have saved some property, now I want to make a will to share them with my children. What contents does a will include? Do I have to notarize a will? Does a will need notarization to become legal? Under the current legal regulations, can I establish a will when I am still alive?” In this article, LSX legal firm provides you: Validity of a will made when the testator is still alive in Vietnam.
Legal ground
- Civil Code 2015
Is it legal to make a will when you are alive?
Article 630 of the Civil Code 2015 provides for legal wills as follows:
- A will must satisfy the following requirements:
- The testator has a 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.
- A written will that is not notarized or certified shall be deemed lawful only if it satisfies the requirements provided in Clause 1 of this Article.
- 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. Such will must be notarized or certified within five working days of the date on which the testator orally expressed his or her last wishes.
Thus, when a will meets the above conditions, the law will recognize it. A will with a living testator who meets the prescribed conditions also considered legal.
The main content of a will
A will must specify clearly the following:
- Firstly, the date of making the will;
- Secondly, the full name and place of residence of the testator;
- Thirdly, the full names of the persons and the bodies or organizations entitled to inherit the estate;
- Fourthly, the estate to bequeath and its location.
Apart from the contents prescribed above, the will may have other
contents.
A will may not written using abbreviations or other symbols. If a will consists of several pages, each page 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.
Does a will not notarized legal or not?
Article 638 of the Civil Code 2015 provides for cases where a written will has valid as a will with notarization or certification:
- A written will made by a serving soldier not able to request a notarization or certification of his or her will provided that such will certified by the head of his or her unit having the rank of a company commander or higher.
- A written will made by a person traveling on a seagoing vessel or aircraft provided that the will certified by the captain of the vessel or aircraft.
- A written will made by a person undergoing medical treatment in a hospital or other medical establishment or sanatorium provided that the will certified by the person in charge of such hospital or establishment or sanatorium.
- A written will made by a person conducting surveys, explorations, or research in mountainous areas, forests, or offshore islands provided that the will certified by the person in charge of the unit.
- A written will made by a Vietnamese citizen residing abroad provided that the will certified by a Vietnamese consular or diplomatic representative mission in that country.
- A written will made by a person held in temporary detention, serving a prison sentence or administrative penalty, or at an educational or medical facility provided that the will certified by the person in charge of such facility.
Thus, in some cases, the testator does not have to notarize the will, but the will still have its validity as notarized as prescribed above.
Procedures of establishing a will at the People’s Committee of the Commune
In case you make a will at the People’s Committee of the commune, follow these steps:
Firstly, the testator declares the contents of the will before the civil status – judicial officer.
Then, the civil status judicial officer must record the content declared by the testator.
Thirdly, the testator signs or points to the will after confirming that the will has been accurately recorded and correctly expressed his or her will.
Lastly, the civil status judicial officer signs the will.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
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With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
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After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
Finally, We hope this article is useful for you to answer the question about “Validity of a will made when the testator is still alive in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
The testator who wishes to modify, supplement, replace, or cancel part or the whole of, his/her notarized testament may request any notary to notarize such modification, supplementation, replacement or cancellation. In case the testament was previously kept at a notarial practice organization, the testator shall notify this organization of the modification, supplementation, replacement or cancellation of the testament.
If the handwritten testament fully meets the conditions of legality and content as prescribed in Article 631 of the Civil Code 2015, the law will recognize the testament.
Any person may act as a witness to the making of a will, except the following persons:
– The heirs of the testator under the will or at law;
– Persons with property rights or obligations that relate to the will;
– Minors, legally incapacitated persons, and persons with limited cognition and behavior control.
Conclusion: So the above is Validity of a will made when the testator is still alive in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
