WRITTEN WILL WITHOUT NOTARIZATION, LAWFUL OR NOT?

A will can be made in writing or orally, however, considering transparency and clarity, a written will is still considered to be the official form. The law has regulations on procedures for notarizing written wills. However, is this mandatory and is a written will without notarization lawful?

1. Written will include many types

– Written will without witness;

– Witnessed written will;

– Written will which are notarized;

– Written will which are certified.

2. A written will without notarization or certification can be determined to be lawful

The testator can request on the notarization or certification for the will.

In particular, in the case of a written will without notarization or certification to be considered lawful only when it fully meets the following conditions:

– The testator was lucid and wise while making the will; not be deceived, threatened or coerced;

– The content of the written will without notarization does not violate the law’s prohibitions or is not contrary to social ethics; The form of the will does not violate the provisions of law.

>> DEDUCTIBLE EXPENDITURES IN CORPORATE TAXABLE INCOME https://linconlaw.vn/deductible-expenditures-in-corporate-taxable-income/

>> NEW REGULATIONS ON ISSUANCE OF RED BOOK FROM 20/5/2023 https://linconlaw.vn/new-regulations-on-issuance-of-red-book-from-20-5-2023/

3. Some cases when written will without notarization is considerred to be valid as though notarized or certified

– A written will made by a serving soldier who is not able to request a notarization or certification of his or her will provided that such will is 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 travelling on a seagoing vessel or aircraft provided that the will is 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 is 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 is certified by the person in charge of the unit.

– A written will made by a Vietnamese citizen residing abroad provided that the will is 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 is certified by the person in charge of such facility.