Will and testament in Vietnam

Will and testament in Vietnam

I What is a will and Testaments in Vietnam

A will and testament is the expression of an individual”s will to transfer his/her own property to other person(s) after his/her death.

II. Who are Testators in Vietnam

1. A person who has attained adulthood, clear-minded, not deceived, threatened, coerced, is entitled to make a testament to dispose of his property.
2. A person aged between full fifteen years and under eighteen years may make a testament, if his/her father, mother or guardian so agrees.

III. Rights of the testator in Vietnam

The testator shall have the following rights:
1. To designate his/her heirs(s); to disinherit an heir;
2. To divide his/her estate for each of his/her heirs;
3. To set aside part of his/her estate for donation and/or worship;
4. To assign obligations to his/her heir(s);
5. To designate a person to keep the testament, the administrator of his/her estate and the distributor of the estate.

IV. Forms of will and testament in Vietnam

A will and testament must be made in writing; if the testament cannot be made in writing, it can be made orally.

V. Written will and testaments in Vietnam

A written will and testament may be:
1. A written testament made without witnesses;
2. A written testament made in the presence of witnesses;
3. A notarized written testament;
4. An authenticated written testament.

VI. Oral will and testaments in Vietnam

1. In cases where a human life is threatened by a disease or other causes, which prevent him/her from making a written will and testament, he/she may make an oral will and testament.
2. After three months counting from the time the oral will and testament is made, if the testator is still alive and clear-minded, such oral will and testament shall be automatically annulled.

Aany inquiry relating to will and testament in Vietnam, please contact with us, Click here.

Source: Vietnam Civil Codes 2015 - Lawyervn.net – Vietnamese attorneys