The latest will authentication process in Vietnam | iGuide

Latest procedures and processes for will certification in Vietnam

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Process, procedures for authenticating the latest will in Vietnam

This article will guide you through the process and procedures for authenticating the latest will in Vietnam. Authenticating a will is an important step to ensure the legal validity and effectiveness of the will. We will provide detailed information on the necessary steps, documents to prepare, and important notes for you to conveniently and accurately authenticate a will.

1. What is authenticating a will?

According to the regulations of Decree No. 23/2015/ND-CP, authentication is the act of a competent authority or organization based on the original document to authenticate a copy as true to the original or authenticate the signature in documents with the signature of the requester of the authentication, authenticating the time, place of contract conclusion, transaction; capacity for civil acts, voluntary will of the parties involved in the transaction.

Thus, authenticating a will means that the will is confirmed by the competent authority or organization after being drafted here, authenticating the time, place of drafting the will, capacity for civil acts, voluntary will and the signature or specific seal of the will drafter as authentic.

Under the 2015 Civil Code, a will shall have legal effect if it meets the following conditions:

The will drafter must have a sound mind, clear judgment in the process of drafting the will and not be threatened, coerced, or deceived by anyone. In the case where the will drafter is between 15 and not yet 18 years old, it is necessary to draft the will in writing and obtain the consent of the father, mother, or guardian to this decision.
The content and form of the will must not violate prohibitions, infringe on social ethics, and be inconsistent with the law.

Notarization or authentication of a will is not a mandatory requirement but depends on the choice of the will drafter. Except for the two special cases below.

2. Cases that must be notarized or authenticated will

If the deceased is at risk of death and unable to draft a written will, an oral will can be made. However, the oral will must still meet the legal requirements for a will mentioned above, and must be notarized or authenticated within 05 days after the person with the inheritance shows their final intent in front of the witness.
In the case of a person with physical limitations or illiteracy who wishes to make a will, that will must be written, notarized or authenticated, and must have a witness.

In addition to the cases that must be notarized or authenticated mentioned above, people should use notarization services to carry out notarization and authentication of wills. Because a notary public profession will assist the will drafter in checking and confirming the legal validity of the will, as well as optimizing the content to differentiate the inheritance according to the will drafter's intentions.