What is a will with foreign elements? Can I leave a will for a foreigner? Let us learn about this topic with LSX law firm as follow:
What is a will with foreign elements?
A will is when a person wants to transfer his or her property to someone else after he or she dies. Accordingly, wills have oral wills and written wills. Only when it is not possible to make a written will can an oral will be used.
Thus, a will with foreign elements is a will with one or several characteristics related to a foreign country, specifically:
– The testator and the heir under the will are foreigners or Vietnamese residing abroad;
– The place of making the will is in a foreign country;…
Effect of a will with foreign elements made abroad
According to the provisions of Article 630 of the 2015 Civil Code, a will is; considered legal if:
– The testator is lucid and lucid while making the will;
– The testator must not be; deceived, threatened or coerced;
– The content of the will does not violate the prohibition of the law, not against social ethics;
– The form of the will is not contrary to the provisions of the law.
In which, a written will may be; notarized, authenticated, with a witness or without a witness; If there is no witness, the testator must write and sign it himself;
An oral will must have at least 02 witnesses and these two must sign and point to the oral will.
In addition, Article 638 of the 2015 Civil Code clearly states; Wills of Vietnamese citizens living abroad certified by Vietnamese consular offices or diplomatic representatives in that country are as valid as notarized or authenticated wills.
Therefore, if a Vietnamese citizen is abroad and has no conditions to return to Vietnam to make a will, he or she can go to a Vietnamese consulate or diplomatic representative abroad to make a will. .
At this time, the will is still valid and is; considered legal in Vietnam if the making of a will ensures the above conditions.
Will the will with foreign elements in a foreign language be notarized?
Previously, Article 649 of the 2005 Civil Code stipulates that wills are; made in writing and ethnic minority people have the right to make wills in their own languages and scripts.
By Article 627 of the 2015 Civil Code, the provisions on wills of ethnic minorities were; removed. Accordingly, the law only stipulates that a will can be; made in writing or an oral will without limitation in terms of writing and language.
Therefore, the current law does not prohibit Vietnamese people from making wills in a foreign language. Therefore, it is still possible to make a will in a foreign language according to the order and procedures of the law.
However, if the will is; notarized or authenticated, the Vietnamese language must be used because Article 6 of the Law on Notarization 2014, the spoken and written language used in notarization is Vietnamese.
At this time, the notarization requester can translate the will from a foreign language into Vietnamese and notarize and authenticate as usual or have additional witnesses.
Therefore, if the will is; not notarized or authenticated, a foreign language may be used; However, it is; still recommended to use Vietnamese to avoid confusion about the content of the will. As for the will through notarization, it must be in Vietnamese.
Not only that, when announcing wills, Article 672 of the 2015 Civil Code stipulates that wills made in a foreign language must be translated into Vietnamese and must be certified or notarized.
Thus, Vietnamese law does not prohibit the use of foreign languages to make wills, but when a will becomes legally effective, it must be notarized, authenticated and translated into Vietnamese to avoid confusion about the content of the will.
Can I leave a will for a foreigner?
Not only the estate leaver can make a will abroad, but also can leave his or her property to people abroad or have foreign nationality.
Because, the rights of the testator are specified in Article 626 of the 2015 Civil Code, including:
– Designate an heir;
– Deprivation of the heir’s right to inherit;
– Division of inheritance for each heir;
– Dedicating a part of the property in the heritage block to bequeath and worship;
– Assign obligations to heirs;
– Designate the will holder, estate administrator, estate divider.
Therefore, appointing who is the heir is the right of the testator, so it is possible to leave assets to foreigners after death.
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