Inheritance according to will when effective in Vietnam

1. Will:Is the expression of the individual's will to transfer their property to others after death. The will must be written; if a will cannot be written, it can be oral. (According to Articles 624 and 627 of the 2015 Civil Code)

2. Persons who can make a will:An adult who meets the conditions specified in point a, paragraph 1, Article 630 of the 2015 Civil Code has the right to make a will to decide on their property. Persons aged fifteen to not yet eighteen can make a will if their father, mother or legal guardian agrees to the making of the will. (Article 625 of the 2015 Civil Code)

3. Inheritance according to will:The will takes effect from the time the inheritance is opened, the time the person with property dies. In case the Court declares a person dead, the time of inheritance opening is the date determined in paragraph 2, Article 71 of the 2015 Civil Code.

4. When is a will considered legal:The maker of the will is clear-headed and thoughtful when making the will; not deceived, threatened, or coerced. The content of the will does not violate the law's prohibitions, does not contradict social ethics; the form of the will does not violate legal regulations. In addition, depending on the maker of the will and the form of the will, the legality will have different requirements in each case according to the provisions of the 2015 Civil Code:

A will made by a person aged fifteen to not yet eighteen must be in writing and must be agreed upon by the father, mother, or legal guardian. A will made by a person restricted in physical condition or illiterate must be written by the witnesses and notarized or authenticated.

An unwitnessed written will is only considered legal if it meets the conditions specified in paragraph 1 of Article 630 of the 2015 Civil Code. An oral will is considered legal if the maker of the oral will expresses their final will before at least two witnesses, and immediately after the maker of the oral will expresses their final will, the witnesses record it, jointly sign or make a mark. Within 5 working days from the day the maker of the oral will expresses their final will, the will must be notarized by a notary public or certified by an authorized agency.

The will is not effective in whole or in part in cases specified in paragraph 2 of Article 643 of the 2015 Civil Code, specifically as follows:The heir according to the will dies before or at the same time as the maker of the will. The designated agency, organization as the heir no longer exists at the time of inheritance opening. In the case of multiple heirs according to the will, if one of the heirs dies before or at the same time as the maker of the will, one of the designated agencies, organizations as the heir to the estate is no longer in existence at the time of inheritance opening, then only the part of the will related to the individual, organization, this organization is not effective.

In addition, the will is not effective if the inheritance left to the heir is no longer at the time of inheritance opening. When the will has an illegal part that does not affect the effectiveness of the remaining parts, only that part is not effective.

Inheritance according to will in Vietnam when is it applicable