Contents of wills

Contents of written wills

1. A will must specify clearly the following:

(a) The date on which the will is made;
(b) The full name and place of residence of the testator;
(c) The full names of the persons and the bodies or organizations entitled to inherit the estate.
(d) The estate to be bequeathed and its location;

2. The will can have other contents other than the content specified in paragraph 1 of this Article. For example:

(a) The designation of persons to perform obligations and the details of the obligations.
(b) The  specific  conditions  to  be  satisfied  in  order  for  individuals,  bodies  or  organizations  to  be entitled to inherit the estate; do you wish that your beneficiaries (who are minors) wait until a certain age before thay receive anything under your will? What age must your minor beneficiaries reach before they receive anything under your will?
(c) Who will be in charge of administering the estate (Spouse or somone else), do you wish to name to alternate Executor?
(d) If your spouse does not suvive you, do you wish to appoint a Guardian for your minor or dependent children?
(e) Do you wish to give a gift to a specific person? Would you like to name an alternate beneficiary for this gift if the primary beneficiary refuses the gift or predeceases you?
(f) Who will receive the residue of your estate? Beneficiary, address, divide among the beneficiaries according to shares that I choose.  Who will get this portion of your estate if this beneficiary is unable to receive the gift?
(g) If all named beneficiaries or their alternates predesease you, then a Wipeout Clause would prevent the government from deciding how to distribute your estate? Your estate will devided into 100 equal shares to be distributed among your remaining family as follows: your family will receive 50 shares and your spouse’s family will receive 50 shares.
(h) Do your wish to forgive any debt in your Will? Debtor name, address, debt description.
(i) Do you have any pets that must be cared for?  Pet name, pet description, pet caretaker.   
(j) Do you wish to include any additional intructions?

3. A will may not be written using abbreviations or other symbols.  If a will consists of several pages, each page must be numbered and bear the signature or fingerprint of the testator.

If a will has an erase, fix, the testator or testaments witnesses must sign next to the arase, fix.

Source:  Vietnam Civil procedure code 2015

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