A LAWFUL WILL, HOW TO DETERMINE?

A will is an expression of an individual’s will to transfer his or her assets to others after death. Individuals have the right to freely decide on the division of inheritance, appointment of manager and the using purpose of the estate. However, to be determined as a lawful will, it must fully meet the legal conditions.

1. Who has the right to make a will?

Adults have the right to make a will to dispose of their assets, provided that the testator is lucid and wise while making the will; not be deceived, threatened or coerced.

In addition, people from 15 years old to under 18 years old can make a will, if their father, mother or guardian agrees to make a will.

2. How many types of will?

According to current laws, wills can exist under the following forms:

– Written will; or

– Oral will.

A will must be made in writing. If it is not able to be made in writing, it may be made orally.

3. How to determine a lawful will?

A lawful will is determined when all of the following conditions are met:

a. General conditions:

– 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 are not contrary to law or social morals and the will complies with legal formalities.

>> PROCEDURE FOR TRANSFER OF MEDICAL EXAMINATION AND TREATMENT TO SUPERIOR FACILITY https://linconlaw.vn/procedure-for-transfer-of-medical-examination-and-treatment-to-superior-facility/

>> CONDITIONS FOR ISSUANCE OF THE ELIGIBILITY CERTIFICATE FOR CONSTRUCTION EXECUTION CLASS I https://linconlaw.vn/conditions-for-issuance-of-the-eligibility-certificate-for-construction-execution-class-i/

b. Conditions for cases where the testator has insufficient or limited capacity:

– A will made by a person between 15 and 18 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.

c. Conditions for a written will to be considered a legal will:

A written will which is not notarized or certified shall be deemed lawful only if it satisfies the requirements provided in section above.

d. Conditions for an oral will to be considered a lawful will:

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 05 working days of the date on which the testator orally expressed his or her last wishes.