Instructions for writing a will without being made null and void (Hướng dẫn cách viết di chúc để không bị vô hiệu)
A will is the expression of a person’s wish
to dispose of his/her property to the others after death.
So, how do a will not cause legal concerns
that may lead to its invalidity. The following article will give you
instructions for writing a will without being made null and void in accordance
with laws in force (the 2015 Civil Code).
Firstly, I would like to give you an overview
of necessary information that must be included in a will
- Country’s name and motto: This is meant to
ensure the general format of a will without affecting its validity.
- Personal particulars: Name, ID card number,
permanent residence registration book, etc., which are the same as the
testator's.
- Contents: Property, estate and
beneficiaries, eligible conditions for an organization or individual’s
entitlement to the estate; appointment of an executor and his/her obligations,
etc.
However, all wills must satisfy the following
conditions to have their validity recognized by laws, including:
1. Testator
- Adolescents
who meet all conditions set out in regulations prescribing that the testator must
be of sound mind when making a will, and must not be deceived, threatened or
coerced;
- Persons
aged between fifteen and under eighteen shall be allowed to make wills, if
their parents or guardians give their consent.
The testator shall need to go for a health
checkup to obtain the medical facility’s attestation that that person is of
sound mind. Then, the People’s Committee of a commune, ward, or a notary public
office, shall be requested to verify whether his/her desire is correctly
expressed in the will.
In cases where the testator does not come to
the aforesaid entities to make a will, he/she can ask the notary public to come
to his/her residence to make a will.
2. Form of a will
A will shall be made in writing; unless a
will is unlikely to be made in writing, it may be made in oral form.
* A written will is classified into 4 types:
- The written will made in the absence of
witnesses.
- The written will made in the presence of
witnesses. All persons are eligible to witness a will, except:
+ Testamentary heirs or heirs-at-law of the
testator. <0}
+ Those who have rights and obligations to
the property disposed of by the will.
+ Minors, persons who have lost their
capacity to exercise civil acts or who have cognitive and behavioral
difficulties.
- Notarized written will.
- Authenticated written will.
+ The written will made in the absence of
witnesses.
The testator must and sign the will on
his/her own.
Making a written will in the absence of
witnesses must be subject to provisions laid down in Article 631 of this Civil
Code.
+ The written will made in the presence of witnesses.
Where the testator does not write a will on
his/her own, he/she can type or ask the other to write or type the will in the
presence of at least two witnesses. The
testator must sign or append his/her fingerprints on the will in front of the
witnesses who proceed to verify the testator's signature and fingerprints, and
finally sign the will.
+ The notarized or authenticated will
The testator may apply for notarization or
authentication of his/her will.
3. Contents of a will
The contents of a will must not contravene
laws and social ethics. The will must be the expression of the testator’s
desire to pass on his/her property to heirs.
- Will-making date (dd/mm/yyyy);
- The testator’s full name and permanent
address;
- Full
name of persons, entities or organizations entitled to the estate;
- Estate
and location of the estate.
Below are regulations on the validity of a
will:
1. A will shall be valid from the date of the
opening of the succession
2. A part or the whole of a will shall not be
valid in the following cases:
a) Testamentary heirs have died prior to or
at the time of the testator's death;
b) Entities or organizations designated as heirs
do not exist at the time of the initiation of the succession.
In cases where many testamentary heirs have
died before or at the time of the testator’s death, or one of the agencies or
organizations designated to inherit according to the will no longer exists at
the time of the initiation of the succession, only a part of the will related
to individuals and these agencies or organizations shall not be valid.
NOTE:
Writing a will by using abbreviations or
symbols should not be advised. If a will contains multiple pages, each page
must be numbered and signed by or bear fingerprints of the testator.
If there is any erasure or alteration in a
will, the person who writes that will on his/her own or the witness to that
will must sign his/her name next to such erasure or alteration.
A testator may correct, supplement, replace
or abolish the will that he/she has made at any time.
>>> Reading in Vietnamese: Hướng dẫn cách viết di chúc để không bị vô hiệu
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