Making a will is an important part of managing personal assets before death. For foreigners living in or owning property in Vietnam, it is crucial to follow legal regulations. This ensures the will is legal and effective. This guide details how foreigners can make a will in Vietnam, covering conditions, forms, and related legal issues.
Wills with Foreign Elements
According to Article 663, Clause 2 of the Civil Code 2015, a civil relationship has foreign elements if it meets one of the following conditions:
- At least one party involved is a foreign individual or legal entity;
- All parties are Vietnamese citizens or legal entities, but the establishment, modification, execution, or termination of the relationship occurs abroad;
- All parties are Vietnamese citizens or legal entities, but the subject of the civil relationship is located abroad.
A will expresses an individual’s intent to transfer property after death. This is defined in Article 624 of the Civil Code 2015. Thus, a will with foreign elements involves one or more of the following:
- The testator or the heir is a foreigner or a Vietnamese citizen residing abroad;
- The inherited property is located abroad;
- The will is made abroad.
Validity Conditions for Foreigners’ Wills in Vietnam
A will with foreign elements is legally valid if it meets the following conditions:
Capacity to Make a Will: According to Article 681, Clause 1 of the Civil Code 2015, the capacity to make a will is determined by the laws of the country of the testator’s nationality at the time of making, modifying, or revoking the will.
Form of Foreign Wills: According to Article 681, Clause 2 of the Civil Code 2015, the form of a will is determined by the laws of the country where the will is made. However, the form of the will is also recognized in Vietnam if it complies with the laws of one of the following:
- The country where the testator resides at the time of making the will or at the time of death;
- The country of the testator’s nationality at the time of making the will or at the time of death;
- The country where the real estate is located if the inheritance involves real estate.
According to Article 627 of the Civil Code 2015, a will must be written. If it cannot be written, an oral will be considered valid if the testator expresses their final wishes in the presence of at least two witnesses. The witnesses must then record and sign or fingerprint the will. Within 5 working days from the time the oral will is made, it must be notarized or authenticated by a competent authority.
Conclusion:
Making a will in Vietnam for foreigners involves complex legal regulations and foreign elements. To protect your rights and avoid legal risks, testators should understand regulations related to property, ownership rights, and legal conflicts. If you have questions or need advice on making a will in Vietnam, contact us for assistance.
Công ty luật TNHH Harley Miller “HMLF”
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