Conditions for a will to be legal according to regulations in Vietnam

1. Concept of a will

Based on Article 624 of the Civil Code, a will is the expression of an individual's will to transfer their property to others after death.

In terms of form, current law stipulates in Article 627 of the Civil Code that a will must be made in writing; if a will cannot be made in writing, it can be made orally.

Therefore, in order to protect the rights and duties of the parties involved, as well as to ensure the implementation of the individual's will to transfer their property to others after death, the Civil Code encourages making wills in writing rather than orally, except in cases of impossibility, limited capacity of the person making the will, sudden death, etc.

2. Legal conditions for a will

Based on Article 630 of the Civil Code, a legal will must meet the required form conditions, including:

+ The person making the will must be of legal age; competent, clear-minded when making the will; not deceived, threatened, or coerced.

+ The content of the will must not violate the prohibitions of the law, go against social morals; the form of the will must comply with legal regulations.

+ A will made by a person aged fifteen to under eighteen must be in writing and must have the consent of the father, mother, or guardian for making the will. A will made by a physically restricted person or a person who cannot read must be made in writing by the witness and must be notarized or certified.

+ A written will without notarization or certification is only considered legal if it meets all the conditions stipulated in Clause 1 of Article 630 of the Civil Code.

- In urgent cases such as accidents, threats to life, urgent situations, etc., the person making the will and two witnesses who meet the conditions according to the Civil Code shall proceed to make an oral will. Immediately after the person making the oral will expresses their final intent, the witnesses record it, both sign or make thumbprints. Within 05 working days from the date the person making the oral will expresses their final intent, the will must be notarized by a notary public or an authorized agency for signature verification or thumbprint confirmation by the witnesses.

According to Article 631 of the Civil Code, the content of a will includes: Date, month, year of making the will; name, residence of the person making the will; name, agency, organization receiving the inheritance; the inheritance left behind and its location. In addition to the contents prescribed in Clause 1 of Article 631 of the Civil Code, a will may include other contents.