Will with foreign elements according to the regulations of Vietnamese law | iGuide

What is a will with foreign elements according to Vietnamese law?

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What is the definition of a will with foreign elements according to the regulations of Vietnamese law?

This article will help you understand the will with foreign elements according to the regulations of Vietnamese law. A will with foreign elements relates to properties or heirs with foreign elements, requiring compliance with special legal provisions. We will provide detailed information on the conditions, procedures, and important notes to ensure the legality and effectiveness of the will in these cases.

1. Definition

A will is when a person wants to transfer their assets to others after they die. Accordingly, a will can be oral or written. Only when it is not possible to establish in writing, the oral form of the will is used.

A will with foreign elements is a will with one or more characteristics related to foreign elements, specifically including: The testator is a foreigner or a Vietnamese residing abroad; The heirs are foreigners or Vietnamese residing abroad; The inherited properties are located abroad.

2. Can a will be made to leave properties to foreigners?

According to current laws, it can be seen that making a will and designating who will receive the inheritance is the right of the property owner. The Civil Code of 2015 does not prohibit Vietnamese people from making a will to leave their properties to foreigners. Therefore, a will can be made for foreigners to inherit the properties.

However, the heirs must not fall into the categories of those not entitled to inherit based on Article 621. Unless the testator is aware of their actions, but still allows them to inherit the property according to the will.

And although the law does not prohibit making a will for foreigners to inherit their properties, the Land Law of 2013 stipulates that foreigners are not allowed to be listed on the Certificate of Ownership for real estate properties but have the right to transfer or donate the inherited properties to others.

3. Conditions for the validity of a will with foreign elements

- Capacity to make a will, amend, or revoke a will

Based on Article 681.1 of the Civil Code of 2015: The capacity to make a will, amend, or revoke a will is determined by the laws of the country of nationality of the testator at the time of making, amending, or revoking the will.

- For testators holding Vietnamese nationality, the following conditions must be met for the will to be valid:

The testator must be sound of mind and clear-minded when making the will; not being deceived, threatened, or coerced;

The content of the will does not violate the prohibitions of the law, or go against social ethics; The form of the will does not violate legal provisions;

- For foreigners, they must comply with the laws of their nationality.