A will is an expression of an individual’s will to transfer his or her estate to another person after death

Legal grounds:

• Civil Code 2015.

In order for the will of the testator to be properly implemented after their death, the will must first ensure its legal effect. Therefore, the testator should pay attention to the following issues:

1. Right of testator

The testator has the following rights:

• Designate an heir;
• Disqualification of the inheritance of the heir.
• Allocate the inheritance for each heir.
• Reserving part of the estate as a gift or for worship.
• Assign obligations to heirs.
• Designate the will keeper, estate administrator, estate divider.

2. The form of wills

Wills must be made in writing; if it is impossible to make a will in writing, an oral will may be made, but it must be recorded by a witnessess.

A written will includes:

• Will in writing without witnesses.
• A written will with witnesses.
• Notarized written will.
• A certified written will.

An oral will has the following legal value:

In case a person’s life is threatened by death and it is impossible to make a written will, an oral will may be made.

After 03 months from the time of oral will, if the testator is still alive, sane and wise, the oral will is automatically annulled.

An oral will is considered legal if the oral testator shows his or her final will in front of at least two witnesses, and as soon as the oral testator makes his final will, the witnessess records and signature or fingerprinter. Within 5 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.

3. Contents of wills

The will includes the following main contents:

• The date on which the will is made;
• Full name and place of residence of the testator;
• Full name of the person, agency or organization entitled to the estate;
• The estate and where the its location.

In addition to the above contents, a will may contain other contents.

A will must not be abbreviated or written in symbols. If the will consists of many pages, each page must be numbered and signed by the testator.

In case a will has been erased or corrected, the testator or witnessess must sign his/her signature next to the place where the will is erased or corrected.

4. Those who are not allowed to testify

Anyone can testify to the making of a will, except for the following:

• An heir under the will or at law of the testator.
• Persons with property rights and obligations related to the content of the will.
• Minors, people who have lost their civil act capacity, people with difficulties in cognition and behavior control.

5. Those who still inherit without depending on wills

The following persons are still entitled to a share of the estate equal to two-thirds of a heir’s share at law if the estate is divided according to law, even though they have not been granted the estate by the testator or only granted the share less than two-thirds of such a share:

• Minor children, father, mother, wife, husband;
• Adult children who are unable to work.

6. Effect of wills

A will takes effect from the time the testator passes away.

A Will is invalid in whole or in part if:

• The testamentary heir dies before or at the same time as the testator;
• The agency or organization designated as the heir no longer exists at the time the testator passes away.

A will is invalid if the estate left to the heirs no longer exists at the time of the testator passes away;

The part of the estate in the invalid part of the will shall be divided according to the law

When a person leaves multiple wills over a estate, only the last will is valid.