PROCEDURE FOR WILL NOTARIZATION

Will is an important legal document in which the testator expresses their final wishes regarding the distribution of assets after their death. Drafting will not only ensures that the rights and desires of the testator are fulfilled but also minimizes conflicts and disputes among family members. In certain cases, the will notarization only validates its legality but also ensures objectivity and transparency, safeguarding the rights and interests of all parties involved.

Implementation subjects

The testator must request the will notarization in person, authorization to another person is not permitted.

Dossiers for implementation of will notarization procedures

The for implementation of will notarization procedures include the following components:

– A notarization request form;

– A copy of the testator’s identification documents;

– A copy of the ownership certificate, usage rights certificate, or alternative documentation if the will involves assets requiring ownership registration or land use rights. However, in cases where the testator’s life is under threat, it is not mandatory to present all the above documents, provided this is clearly stated in the notarized document.

Competent authority

The notarization request is processed by a notary public at the designated location as stipulated by law.

Note: The following situations disqualify a notary from will notarization:

– If the notary is a beneficiary under the will, either by testamentary or legal inheritance;

– If the notary has relatives (such as parents, spouse, or children) who are inheritors under the will;

– If the notary has any rights or obligations regarding the assets specified in the will.

Amending a notarized will

In the case that a will has been notarized but the testator later wishes to amend, supplement, replace, or revoke part or all of the will, they may request any notary public to notarize such amendments, supplements, replacements, or revocation.

In cases where the previously notarized will is being stored by a notarial practice organization, the testator must notify the organization holding the will about the changes, additions, replacements, or revocation.

>> WRITTEN WILL WITHOUT NOTARIZATION, LAWFUL OR NOT? https://linconlaw.vn/written-will-without-notarization-lawful-or-not/

>> WHEN MAY AN ORAL WILL BE MADE? https://linconlaw.vn/when-may-an-oral-will-be-made/