Dragon Law Office gives advice on Civil Law
My grandfather has 7 children, 4 male and 3 female. Among the children, my father came the second. Unfortunately, my father and his younger brother have died fairly long time. The rest of my grandfather’s children have all got married and have their own children.
Now, my grandfather lives by himself in his own house. Recently, my grandfather has decided that he will leave all his own land to my father’s older brother and to my uncle’s wife (whose husband has died). Hearing that, my family and my three aunts do not agree with my grandfather’s decision, because my aunt (the widow) and my uncle (my father’s old brother) who are going to receive my grandfather’s will are not good enough to receive and benefit the oral will of my grandfather. They always live with all their tricks. However, at present, my grandfather only obeys and follows these two persons so it is difficult to make him change his decision.
My question: “Will the will of my grandfather be valid while there are 5 in 7 of his children do not agree with?”
I also want to know how to act legally against the will which my whole family and my three aunts believe that it was made by the ideas of the two persons mentioned above.
Dragon Law Firm, Law Advisory board back to you as follow:
The article 646 in Vietnamese Civil Code 2005 stipulates: “Will is an expression of the will of individuals to transfer their assets to other after death.”
Based on this article, we can see that even though the children do not agree with their father’s will, the will is still valid.
The article 652 in Vietnamese Civil Code 2005 stipulates on the legal will as follows:
1, Wills are considered legally must meet the following conditions:
a. In the will making process, a testator is lucid, clear-minded; not deceived, intimidated or coercive.
b. The contents of the will are not contrary to law and morality; the form of wills is not contrary to the provisions of law:
1, Testaments of the full fifteen years and less than eighteen years of age must be in written forms and must be agreed by the parents or guardians.
2, Testament of people with physical limitation or who are illiterate must be written by the witnesses and then notarized or authenticated.
3, Written wills which are not notarized or certified will be considered legitimate only if it satisfies the conditions prescribed in Clause 1 of this Article.
4, Oral wills are considered legitimate if oral testator expresses his or her end will in front of at least two witnesses, and after that the will must be recorded and signed or fingerprinted by the witnesses. Within 5 days, from the date that the testator orally expressed his or her end wills, the oral will must be notarized or authenticated.
Based on this Article, if you have enough evidences to prove that the content of your grandfather’s will was written under the deceitfulness, intimidation or coercion of your father’s older brother ( your uncle) and your aunt ( the widow), then the will is illegal.
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