“Individuals have the right to make a will to dispose of their property; leave their property to their heirs according to the law; inheritance according to the will or the law” (Article 609 Civil Code 2015). It can be seen that leaving a will is the right of every citizen. So how to make a will legally. The following article Vo Consultants will help us get more information on this issue.

Basic Concept

• What is a will?

Pursuant to Article 624 of the 2015 Civil Law a will is understood as “a document or speech expressing the will and aspiration of a person in the disposition of property, the transfer of ownership rights, the right to use property to others after death.”

Method of making a will?

Article 627 of the 2015 Civil Code: “Wills must be made in writing; If it cannot be made in writing, an oral will can be made. Thus, the will will be made in two forms.

• Make a will in writing

For the making of a written will, there will be 04 specific forms, based on Article 628 of the 2015 Civil Code:

 + A written will without witnesses:

For this type of will, the testator must write and sign the will himself, based on Article 633 of the 2015 Civil Code. The making of this will must comply with the “content of the will” specified in detail. in Article 631 of the 2015 Civil Code.

 + A written will with witnesses:

If the testator cannot write the will by himself, he may type or ask someone else to write or type the will, “but there must be at least two witnesses” (Based on Article 634 of the Civil Code). the 2015).

The testator must sign or point to the will in front of the witnesses; The witnesses will then confirm the testator’s signature and fingerprints and sign the will.

The making of a will with witnesses must comply with the provisions of Articles 631 and 632 of the Civil Code 2015.

 + Notarized Written Will or Notarized Written Will:

The testator has the right to request notarization or certification of the will, as provided for in Article 635 of the 2015 Civil Code.

• Making an oral will

For special cases, the testator can make an oral will, specifically “in case a person’s life is threatened by death and it is impossible to make a written will” (Article 629 of the Civil Code). 2015).

Oral wills will be annulled after 03 months of being made, while the testator is still alive, sane and lucid.

Conditions for a will to be legal

•  Conditions for testator

Pursuant to the provisions of Article 625 of the 2015 Civil Code, the testator must satisfy the following conditions:

“1. Adults who fully satisfy the conditions specified at Point a, Clause 1, Article 630 of this Code have the right to make a will to dispose of their property. 2. Persons between full fifteen years of age and under eighteen years of age may make wills, if their fathers, mothers or guardians agree on the making.”

• Conditions for recipients of wills

Article 621 of the 2015 Civil Code stipulates: “1. The following persons are not entitled to inherit the estate: a) Persons convicted of intentional acts of infringing upon life or health or of serious mistreatment, torturing estate leavers, serious infringing upon honor and dignity of that person; b) The person seriously violates the obligation to nurture the estate leaver; c) The person is convicted of intentionally infringing upon the life of another heir in order to enjoy part or the whole of the estate to which such heir is entitled; d) Persons who commit acts of deception, coercion or obstruction of estate leavers in making wills; forging wills, modifying wills, canceling wills, concealing wills in order to enjoy part or all of the estate against the will of the estate leavers. 2. The persons specified in Clause 1 of this Article are still entitled to the estate, if the leavers have known their acts, but still allow them to enjoy the estate according to the will.”.

Thus, for the recipients of the inheritance, they must not fall into the cases specified in the above regulations.

However, if the heir, even though he knows the behavior of the recipient of the estate in the above cases, still maintains his intention to leave the estate to that person, he or she will still have the right to receive the inheritance.

Legal Will

As analyzed in items a and b, in order for a will to be legal, it must satisfy the above conditions. According to the provisions of law, a lawful will must satisfy the following conditions: “a) The testator is lucid and lucid while making the will; not be deceived, threatened or coerced; b) The content of the will does not violate the prohibition of the law or against social ethics; the form of a will is not contrary to the provisions of the law” (Based on Clause 1, Article 630 of the 2015 Civil Code).

Also in this Article stipulates: “2. Wills of persons aged between full fifteen and under eighteen must be made in writing and must be approved by their father, mother or guardian. 3. The will of a person with physical limitations or of an illiterate person must be made in writing by a witness and notarized or authenticated. 4. A written will without notarization or authentication shall only be considered lawful if all the conditions specified in Clause 1 of this Article are satisfied. 5. An oral will is considered legal if the oral testator shows his/her last will in front of at least two witnesses and immediately after the oral testator shows his/her final will, the witness records copy, co-sign or fingerprint. Within 5 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.”

Depending on the case, it is necessary to comply with the legal conditions specified in this article to ensure the legality of the will. However, point a, Clause 1, Article 630 is a condition that must be ensured, “The testator is lucid and wise while making the will; without being deceived, threatened or coerced”.

Although the testator is not required to have a medical examination before making a will because it is not required by law, in fact, the will of the elderly or chronically ill are easily disputed because of the testator’s reason. If you are no longer lucid, it will be easy to have a dispute.

In short, a will is considered legal when all of the following elements are met:

The testator is lucid and lucid while making the will; not be deceived, threatened or coerced;

The content of the will does not violate the prohibition of the law, does not violate social ethics; the form of a will is not contrary to the provisions of the law.

Wills of persons aged between full 15 and under 18 years old must be made in writing and must be approved by their parents or guardians in making a will.

Wills of persons with physical limitations or those who are illiterate must be made in writing by witnesses and notarized or authenticated.

A written will that is not notarized or authenticated is only considered lawful if all the conditions for a lawful will are satisfied as prescribed in Clause 1, Article 630 of the 2015 Civil Code.

An oral will is considered legal if the oral testator shows his or her final will in front of at least two witnesses, and immediately after the oral testator has expressed his or her final will, the witness records , with the same signature or pointer. Within 5 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.

Above is the share of a lawyer at Vo Consultants on the issue of “How to make a legal will?”.

For each specific case, please contact Vo Consultants for detailed advice.

Phone number for consultation: 0909 865 891 – 0901 476 391

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Best regards./.