Making a will
A will is the legal document which is an expression of the wishes of a person, made in order to bequeath his or her properties to others after his or her death. If you do not make a will, your assets will be distributed according to Law and there is no control who will receice their assets in an intestacy situatio.
Making a will will minimize disputes among family members. In the reality, members in the family may rise the disputes about the assets because they feel unfair if the properties are divided by the law. Besides, you can control over the distribution of your assets, eventhough making the bequest to non-family members.
In general, there are some key notes when preparing a will in Vietnam:
1/ The will must be made in writing, if it is not able to made in writing, it can be made orally;
2/ The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;
3 The contents of the will are not contrary to law or social morals and the will complies with legal formalities.
4/ A will made by a person between fifteen and eighteen years of age must be made in writing and with the consent of the parents or guardian of such person.
5/ A will made by a person who is incapacitated or illiterate must be made in writing by a witness and must be notarized or certified.
6/ A written will which is not notarized or certified shall be deemed lawful only if it satisfies the requirements provided in artical 630 of Civil Code.
7/ An oral will shall be deemed lawful only if the testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document. Such will must be notarized or certified within five working days of the date on which the testator orally expressed his or her last wishes.
Engaging a will lawyer is recommended because of the intricacies involved. Professional advice from DBLegal can help you devise the necessary content to include in a will, preveting losses or conflicts in the long run. Our team of Family Lawyers are committed leading family lawyers in Danang. If you have any enquiries on Wills, please contact us: