Vietnamese laws - The service lawyers law advice about oral wills
Question for Dragon consulting service lawyers : I hope to received the advice of Dragon attorney law firm
Dear lawyers, I was introduced and I was knew to the Dragon law office worked responsibility and prestige, now that I will present and hopes lawyer will help me
In 2010, my brother passed away , do not keep up to write wills. When my brother was alive intend to divide the land to his children as following :
- Assigned house and land in the countryside for son (only one son) to ancestor worship.
- Assigned house and land in Hanoi for daughter in a long time has living the same and care for dad . The daughter was construction this house .Two other daughters as well in Hanoi, all have their own homes . My brother wrote a manuscript wills and spoke on the content with three people, is the wife and two children . The currently manuscript still and three witnesses are those who have primary responsibility for family, all are healthy. We suggest that law firm Dragon,guide we set the testaments, and notarizing oral wills according to the law as my brother’s wishes.
The advisory board law office Dragon ( www.congtyluatdragon.com ) reply :
- As stipulated in Article 649 Civil Code in 2005, the wills may be made in writing or oral testament.
- In 2005 the Civil Code Article 651 stipulates: In the event a person lives with the death threats due to illness or other causes that can not make wills in writing may be oral testament. (After three months from the time of the testator, that the testator was alive ,lucid, the mouth wills implicitly canceled.)
Oral wills are considered legal if the oral testator express by your final at least two witnesses and after that the witnesses recorded, the same signing or fingerprint. Within the time limit 5 days from the date of the oral testator express wills eventually have to be notarized or authenticated (paragraph 5 of Article 652 Civil Code in 2005).
In case, at the moment oral wills, although be three witnesses, but these people are not record, the same signing or fingerprinted and sent to the authentication within five days. From the date who express the last wills , terms of the form this is not wills legally.
- You said that : your brother has written a draft wills and are the testament can still be effective if they satisfy the following conditions:
When your brother write wills must ensure the lucid insight, not deceived, threatened, coercion. (Point a, Clause 1, Article 652 Civil Code 2005)
+ Your brother have to manually hand write and sign the wills.
+ Wills must indicate: Date, month and year of the testator. The full name and residence of the testator. Full name of the heir or identify the conditions for individuals entitled to the estate. Legacy to be retained and where are the heritage . The appointment of an perform the obligation and the content of the obligation.
Wills not written off or written symbols; if the testament are many pages, each page must be numbered and bear the signature or fingerprint of the testator. (Article 655 Civil Code 2005).
If the drafts the testament your brother wrote guarantee the above conditions ,the testament which is legal . And of his brother legacy will be divided according to your the aspirations of him.
- In case the testament of his brother, you do not meet these conditions will be illegal. And heritage will be divided according to law.
If these person entitled to inherit were who wish to divide the estate according to your wishes of his brother, the family can meeting and make the minutes , then bring minutes of meetings of family to notarized. Then, the legacy will be divided according to the aspirations of your his brother.
Dragon Law Firm
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