In life, making a will is not merely about ensuring the rights of loved ones; it also serves as a way to affirm your wishes regarding your assets after your passing. However, reality shows that many families have faced issues related to will disputes, causing unnecessary conflicts and negatively impacting relationships among members. Therefore, understanding the grounds that lead to will disputes and applying preventive measures is essential to protect your rights and those of your family.
I. Grounds
Capacity Conditions
According to Article 630, Clause 1, Point A of the Civil Code 2015, a testator must be lucid and clear-headed when making a will. This means that the testator must have the necessary mental capacity to understand and make decisions regarding the will. If the testator is in an unsteady state, suffering from a serious illness, or experiencing mental decline, the will may be declared invalid. This lack of capacity often leads to disputes when the family believes the testator cannot make decisions.
In addition, the will must not be made under conditions of deception, threats, or coercion. Disputes often arise when there is evidence or suspicion that the testator was compelled to change the contents of the will for the benefit of another individual or group. This situation commonly occurs when the testator is financially or emotionally dependent on someone else. Therefore, ensuring that the testator is not under undue pressure is a crucial condition for the will to have legal validity.
Fraud and Forgery
The existence of a forged will or situations where the testator is tricked into signing a document that is not an actual will can lead to serious legal disputes. According to legal regulations, if there is evidence of fraud or forgery, the will may be declared invalid. Therefore, the process of making a will must strictly adhere to the legal requirements regarding both form and content. Specifically, the will must bear the signature of the testator. If there are witnesses, at least two witnesses must be present, and they must have no vested interest in the contents of the will. In cases where the will does not have witnesses, the testator must write and sign the will themselves or have it notarized. Compliance with these requirements not only ensures the legality of the will but also protects the rights of the testator and their heirs.
Conditions for Validity of the Will
A will must comply with the current legal regulations to be legally valid. According to Article 630 of the Civil Code of 2015, for a will to be considered legal, the testator must ensure the following conditions:
- The testator must be lucid and clear-headed when making the will.
- The testator must not be deceived, threatened, or coerced when making the will.
- The contents of the will must not violate prohibitions of the law, must not contradict social ethics, and must include information such as the date of making the will; the name and residence of the testator and the heirs; a description of the estate and its location.
In addition, the will must adhere to the formal regulations. A will can be made in writing or orally. For written wills, if the required number of witnesses is not present, if the will is not made under lawful conditions, or if it does not meet the required formal and content standards, the will may be deemed invalid by the court. This often occurs when the testator drafts the will without legal advice or when the will is created but does not fully comply with the mandatory legal requirements.
Omitted Heirs
When a testator makes a will but does not leave a portion of the estate to one or more legal heirs, the estate will be distributed according to the provisions of the law. Specifically, the division of the estate is carried out according to the line of inheritance, as stipulated in Article 651 of the Civil Code of 2015. There are three lines of inheritance as follows:
The first line of inheritance: Includes the spouse, biological parents, adoptive parents, biological children, and adopted children of the deceased. Individuals in this line of inheritance will be prioritized in receiving the estate.
The second line of inheritance: Includes grandparents, siblings, and biological children of the deceased in cases where the deceased is a grandparent.
The third line of inheritance: Includes great-grandparents; uncles, aunts, and cousins of the deceased; and great-grandchildren of the deceased in cases where the deceased is a great-grandparent.
In each line of inheritance, heirs of the same line will receive equal shares of the estate. Individuals in the later lines of inheritance will only inherit if there are no surviving individuals in the earlier line due to death, lack of entitlement, disqualification, or refusal to accept the inheritance.
Reasons Leading to Disputes
When one or more heirs are excluded from the will or receive a smaller portion of the estate than expected. This situation may arise due to complex family relationships or specific reasons the testator may have. However, according to legal regulations, direct family members, especially children or spouses, often have the right to request the division of property if they have been unjustly excluded.
Determining legal heirs and ensuring compliance with legal regulations is crucial to avoiding disputes and protecting the legitimate rights of family members.
II. Famous Will Disputes
In reality, many famous will disputes have occurred around the world, particularly among artists, where substantial assets and inheritance rights become sensitive issues.
Michael Jackson: After his death, his will was contested by his siblings, who claimed the will was a forgery and that they were unfairly excluded. The court dismissed their claims, but the dispute dragged on and attracted significant attention.
Aretha Franklin: The will of the Queen of Soul, Aretha Franklin, also faced many issues after her death when the family discovered handwritten notes claimed to be her will. The legal battle regarding the legitimacy of these notes extended for several years.
Prince: The famous artist Prince passed away without leaving a will, leading to a complex dispute among family members and potential heirs. The case prolonged due to a lack of clear guidance from the will, making his estate a complicated legal issue.
III. Ways to Prevent Will Disputes
Create a clear and regularly updated will: To avoid unnecessary disputes, the testator must ensure that the will is drafted and contains complete information. This includes identifying who the heirs are, which assets are left to whom, and any accompanying conditions (if any). Additionally, regularly reviewing and updating the will when significant life changes occur (such as marriage, divorce, or childbirth) is also essential.
Seek legal advice: Consulting with an experienced attorney in the field of wills and inheritance will help the testator avoid common mistakes. A lawyer can guide how to draft a will that complies with legal regulations and ensure the legality of the document.
Discuss with family members: Openly discussing the contents of the will with family members not only helps everyone understand the testator’s wishes but also minimizes the likelihood of disputes. This makes everyone feel respected and can prevent misunderstandings in the future.
Store the will safely: The will should be kept in a safe and easily accessible location. It may be notarized or stored at a law firm. This ensures that the will is not lost or forged and can be easily found when needed.
Discuss assets with the heirs: In addition to creating a will, discussing how assets will be divided with the heirs is also important. This helps everyone understand their responsibilities and avoids future property disputes.
Conclusion
Will disputes are not uncommon in modern society. To prevent and minimize risks, it is crucial to understand the grounds that lead to will disputes and to apply appropriate preventive measures. If you need assistance in creating a will or have any questions about will disputes, please contact us for detailed advice and guidance.
Frequently Asked Questions
- Q: Can a will be contested in Vietnam if it’s notarized? A: While notarization adds credibility, a will can still be contested if there are valid grounds such as lack of capacity or undue influence.
- Q: What happens if someone dies without a will in Vietnam? A: In such cases, the estate is distributed according to Vietnam’s intestacy laws, following the three lines of inheritance outlined in the Civil Code.
- Q: How often should I update my will? A: It’s advisable to review your will every 3-5 years or after significant life events such as marriage, divorce, birth of children, or major asset acquisitions.
Don’t leave your loved ones’ futures to chance. If you need assistance in creating a will or have any questions about will disputes, please contact us for detailed advice and guidance. Our experienced team at Harley Miller Law Firm is ready to help you navigate the complexities of estate planning, ensuring that your wishes are clearly articulated and legally protected. Reach out today to secure peace of mind for you and your family.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
