What is a legal will?

"A will is an expression of the will of an individual to transfer his property to another person after death." (According to Article 624 of the Civil Code 2015). However, not all wills are legal. The following is the lawyer's guidance on making a will consistent with the law so that everyone can refer:

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Under the provisions of Article 625 and Point a, Clause 1, Article 630 of the Civil Code 2015, the following persons shall be eligible for making testaments:

- Adults, lucid, wise when making a will, not deceived. intimidation, coercion;

- Persons aged between full fifteen years and under eighteen years old must obtain the consent of their parents or guardians.

What is a legal will?

According to the provisions of Article 627, Article 628 and Article 629 of the Civil Code 2015, the testament can be made in two forms:

- Written wills, including: Written wills without written witnesses, written testaments, written notarized or written testaments, written testaments.

- An oral testament in the case of a person's death threatening and unable to make a will in writing.

Except as required by law, "must be in writing" in paragraphs 2 and 3 of Article 630 of the Civil Code 2015 as follows:

"2. The testaments of persons aged between full fifteen and under eighteen years must be made in writing and must be approved by their parents or guardians.

3. The testament of a person who is physically or illiterately restricted must be recorded in writing by a witness and notarized or authenticated .... "

- Written testaments notarized or authenticated shall be considered lawful only if the conditions of the subject matter and contents are satisfied. (According to Clause 4, Article 630 of the Civil Code 2015)

- The oral testament is considered legal if the oral testimony expresses his or her last will in the presence of at least two witnesses and immediately after the oral testimony expresses the last will, the witness Sign, sign or point only. Within 5 working days from the date the oral testator expresses his / her last will, the testament must be certified by the notary or the authorized body for the signature or the point of the witness. (According to Clause 5, Article 630 of the Civil Code 2015)

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According to the provisions of Point b, Clause 1, Article 630 and Article 631 of the Civil Code 2015 stipulate:

- "The contents of the testament do not violate the provisions of the law, not the social morals, the testament is not contrary to the law."

- "1. The testament consists of the following principal contents:

a) Date of making the testament;

b) Full name and residence of the testator;

c) The full name of the person, agency or organization enjoying the estate;

d / Legacy and legacy places.

2. Apart from the contents specified in Clause 1 of this Article, the testament may contain other contents.

3. The testament must not be abbreviated or written in symbols; if the testament consists of many pages, each page must be numbered and signed or signed by the testator.

In cases where the testament is erased or repaired, the testamentary person or testament witness shall have to sign his / her name next to the erasure or repair. "

The above is a reference guide. If you have any questions, are unclear or confused, please contact us by email or contact online support to be consulted directly.

Sincerely thank you.

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