Can foreign people make wills for property in Vietnam?
By Hoa Nguyen
10/11/2024
This article will answer the question of whether foreigners can make wills for property in Vietnam. We will explain the relevant legal provisions and things to note when foreigners want to protect their property rights in Vietnam through a will.
1. What is a will?
According to Article 624 of the Civil Code, a will is the expression of an individual's intent to transfer their property to someone else after death.
In terms of form, current law under Article 627 of the Civil Code stipulates 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 ensure the rights and obligations of the parties involved, as well as to ensure the implementation of an individual's intent to transfer their property to someone else after death, the Civil Code encourages making wills in writing rather than orally, except for cases of impossibility, limitations on the capacity to act of the testator, sudden death, etc.
According to Article 628 of the Civil Code, a written will includes:
+ A written will without witnesses.
+ A written will with witnesses.
+ A written will with notarization/authentication.
In addition, according to Article 629 of the Civil Code, an oral will applies in cases where a person's life is threatened and they cannot make a written will, then it can be made orally.
However, after 3 months from the time an oral will is made while the testator is still alive, competent, and clear-minded, the oral will is automatically revoked.
Based on the provisions of the 2015 Civil Code and related legal documents, foreigners are allowed to make wills for their property in Vietnam.
However, for the will to be effective in Vietnam, the form of the will must comply with Vietnamese law and the legal capacity of the testator must comply with the law of their country of nationality. Notarization of the will is carried out in accordance with Article 56 of the Notarization Law.
Point d, Clause 2, Article 17 of the Notarization Law stipulates that if a notary refuses a request for notarization, the notary must explain the reason for the refusal to the requesting party. If the party disagrees with the explanation, they have the right to request the Chief Notary Office to provide a clear explanation on the issue.
Foreigners Making Wills for Property in Vietnam
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