Q&A · Inheritance and wills
Is a handwritten will valid? When do you need a notary?
Translated from the Vietnamese original; where they differ, the Vietnamese text and the law prevail.
Awaiting review by a lawyer. Each rule cites its source; where the texts are unclear, the page says so.
A handwritten will (di chúc) is valid without notarisation if you write it yourself, sign it yourself, are lucid when writing, are not coerced, and include all the main contents (Articles 630, 631 and 633 of the Civil Code 2015 (Đ.630, 631, 633 BLDS 2015)). Notarisation (công chứng) or certification (chứng thực) is an option, not a requirement. The exception is a person who cannot read or write, or who has a physical limitation: their will must be made in writing with witnesses and must be notarised or certified (Đ.630 khoản 3).
What conditions must a valid will meet?
Under Đ.630 khoản 1 BLDS 2015, a valid will must meet two groups of conditions:
- The testator: lucid and of sound mind when making it; not deceived, threatened or coerced.
- Content and form: not breaching prohibitions of the law or contrary to social ethics; in the correct form.
A person aged 18 or over who is lucid may make their own will. A person aged 15 to under 18 may also make one, but it must be in writing with the consent of a parent or guardian (Đ.625, Đ.630 khoản 2).
A will must contain the main contents: the date it was made; the full name and place of residence of the testator; the full name of the person or organisation receiving; the property left and where it is located. No abbreviations or symbols. If there are several pages, each page is numbered and signed or fingerprinted. Wherever there is an erasure or correction, the writer or a witness signs next to it (Đ.631).
What kinds of will are there?
| Type | Main requirements | Basis |
|---|---|---|
| Handwritten, no witnesses | Written entirely in your own hand and signed by you | Đ.633 BLDS 2015 |
| With witnesses | Typed or written by someone else; at least 2 witnesses; testator signs or fingerprints in front of them; witnesses sign to confirm | Đ.634 |
| Notarised | Made before a notary at a notary practice organisation | Đ.635, 636; Đ.58 Luật Công chứng 2024 |
| Certified | Made before the person authorised to certify at the commune-level People's Committee | Đ.635, 636 |
| Oral will | Only when life is threatened by death and a written will cannot be made | Đ.629, Đ.630 khoản 5 |
A typed will with only a signature and no witnesses does not fall under the "handwritten" type in Đ.633. This kind is easily disputed on form. If you cannot write it by hand, you should use the type with 2 witnesses or go to a notary.
Who cannot witness a will?
Under Đ.632 BLDS 2015, the following people may not be witnesses:
- An heir under the will or by law of the testator, for example the testator's child, wife or husband.
- A person with property rights or obligations related to the contents of the will.
- A minor, a person who has lost civil legal capacity, or a person with difficulty understanding and controlling their actions.
A common mistake is asking children or grandchildren in the family to sign as witnesses. The will may then be treated as being in the wrong form.
Is an oral will valid?
Yes, but the conditions are very strict. An oral will is allowed only when life is threatened by death and a written will cannot be made (Đ.629). The testator must state their last wishes before at least 2 witnesses. Immediately afterwards, the witnesses write them down and sign or fingerprint together. Within 5 working days, the witnesses' signatures must be notarised or certified (Đ.630 khoản 5). If the testator is still alive and lucid after 3 months, the oral will is automatically cancelled (Đ.629).
When should you notarise a will?
The law does not require it, except for a person who cannot read or write or has a physical limitation (Đ.630 khoản 3). Even so, notarisation helps reduce later disputes because the notary checks the testator's capacity and free will. If the testator shows signs of not being lucid or of being coerced, the notary must refuse (Article 58(2) of the Law on Notarisation 2024 (Đ.58 khoản 2 Luật Công chứng 2024)).
Some points to know when notarising a will:
- The testator must sign or fingerprint in person and may not authorise someone else (Đ.58 khoản 1 Luật Công chứng 2024).
- A will concerning a house and land may be notarised at any notary practice organisation, not limited to the province where the property is (Đ.44 Luật Công chứng 2024).
- You may deposit your will with a notary practice organisation. The notary seals the will in front of you and gives you a receipt for safekeeping (Đ.61).
- To amend, replace or revoke a notarised will, you may do so at any notary practice organisation, but you must notify the place holding the old will (Đ.58 khoản 4).
If there are several wills, which one takes effect?
If a person leaves several wills for the same property, only the last one takes effect (Article 643(5) of the Civil Code 2015 (Đ.643 khoản 5 BLDS 2015)). A later handwritten will can still replace an earlier notarised will, as long as it is valid. A will takes effect only from the moment the testator dies (Đ.643 khoản 1).
Even with a valid will, some relatives still receive a minimum share. See heirs who inherit regardless of the will. If the will is declared invalid, the estate is divided by ranks of heirs.
When to ask a lawyer
- The testator is seriously ill, elderly, or showing signs of memory decline.
- You want to leave property to one child and not the others, and worry about a lawsuit later.
- The family finds two conflicting wills, or doubts the signature on a will.
- The will disposes of the couple's joint property and the other spouse does not agree.