Wills and Estates

Latest Will Form and How to Prepare a Handwritten Will

Author
Stephen Le

Today, when the economy is developing, many people possess a lot of property relatively, thus it is a common practice for them to prepare wills for their children and relatives to inherit their property. Wills make it easier to bequeath property. A will expresses the intention of the person with property for bequeath as he or she has arranged it himself/herself. We will provide and guide you with the latest will form for your reference!

What is a will?

According to the provisions of Article 624 of Civil Code 2015, it can be understood that: Will means an expression of the wishes of a natural person, made in order to bequeath his or her property to others after his or her death. In a will, an individual or a group of individuals is designated as the executor and administrator of the property until it is properly bequeathed according to the will.

A person that is determined to be an adult, of sound mind, and completely voluntary in doing so shall have the right to make a will. A person who is between fifteen and eighteen years of age may make a will with the consent of his or her parents or guardian.

When a person makes a will for disposition of his/her property, the will will only take effect from the time of commencing inheritance, i.e. when the person with the property dies or is
declared to be dead by the Court in accordance with regulations. Also, according to Article 643 of Civil Code 2015, a will is used as the basis for division of property when a person dies when it is determined to be a lawful and only will that he/she made before his/her death.

Legally recognized forms of wills

Will means an expression of the wishes of a natural person, made in order to bequeath his or her property to others after his or her death. There are two forms of wills: A will must be made in writing. If it is not able to be made in writing, it may be made orally. According to Articles 627, 628 and 629, a will is lawful when it is made in either of these two forms:

Written wills comprise:

  • Unwitnessed written wills;
  • Witnessed written wills;
  • Written wills which are notarized;
  • Written wills which are certified.

Oral wills:

Currently, oral will is still quite common. This is partly because many people think that oral wills are still lawful, there is no need to waste time writing a will. Also, Clause 5, Article 630 of Civil Code 2015 states that an oral will shall be deemed lawful only if the the testator is in a serious life-threatening situation; unable to make a written will (e.g. suffering from a dying illness, having an accident at risk of death, etc.).

The testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document. Such will must be notarized or certified within five (05) working days of the date on which the testator orally expressed his or her last wishes.

If the testator is alive and is of sound mind three (03) months after he or she has made an oral will, such will shall automatically become invalid (Clause 2, Article 629 of Civil Code). If an oral will is annulled as mentioned above, to express his or her will on the division of property after his or her death, a person must make a written will.

There is also video will. A video will is also a form of oral will made when a person is still alive and wants to bequest his or her property to someone else when he or she dies. This form of will is valid when the conditions prescribed for oral wills are met.

Is it allowed to make a handwritten will?

As stated above, Articles 627 and 628 of Civil Code 2015 state that there are two common forms of wills, which are written and verbal wills. So, Civil Code 2015 only provides general clauses on wills but no specific clauses on handwritten wills and relevant matters. However, based on above provisions, a testator is legally allowed to make a will in the form of a written will. Meanwhile, a will, whether handwritten or typed, is in the form of document and paper.

Thus, a testator may be able to make a handwritten will, whether witnessesed or unwitnessed and whether certified or notarized. A handwritten will is valid when it strictly complies with above provisions, regardless of the legal validity of a handwritten will version a notarized or certified will.

Current forms of handwritten wills

Unwitnessed will form

*If you can’t view the full form, please open this insight on your computer browser.

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
____________________
WILL

Today, day … month … year …. , at ……….. …….. (HH:MM), at ………………..
My name is: …………………………………………………………………………………..
Date of birth: …………………………………………………………………………..
People ID Card No. ……………. Issued by: …………… Issued on: day … month … year ….
Permanent residence address: ………………………………………………………………………………

Under the state of sound mind, I am making this Will with following details:
I am the owner of the following property: 1………………………………………………………………………..
2………………………………………………………………………..
3………………………………………………………………………..
Documents of title issued by competent authorities include: ……………………….. ………………………..
………………….. ……………………….. ……………………………..
Now, I hereby make this Will to resolve my property as mentioned above as follows:
When I pass away
Full name: Mr. (Ms.)………………………………………………………………………………..
Date of birth: …………………………………………………………………………..
People ID Card No. ……………. Issued by: …………… Issued on: day … month … year ….
Permanent residence address: ………………………………………………………………………………..
will inherit all of my estate as described above that I have bequested
I do not bequest any of my estate as mentioned above to any other person.
(Where any heir is specified for exercise of any obligation, full name of this person must be specified together with details of the obligations).
The will is made at ……………. on day … month … year …., which reflects my intention and
desire, and no addition or modification is made by me.
The will is made into ………………………….. copies, each consisting of …………… pages.
………………….., day …. month …. year ….
The testator
(Signature and full name)

Witnessed will form

*If you can’t view the full form, please open this insight on your computer browser.

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

WILL

Day …………. Month ………….. Year …………. (Day ……….. Month ……….. Year ……………), at
(address): …………………………. before the presence of two witnesses
My name is: …………………………………………………………………………………..
Date of birth: …………………………………………………………………………..
People ID Card No. ……………. Issued by: …………… Issued on: day … month … year ….
Permanent residence address: ………………………………………………………………………………
Today, under the state of sound mind, I voluntary make this Will for disposition of all of my
estate (estate) with following details:
I am the owner of the following property:
1………………………………………………………………………..
2………………………………………………………………………..
3………………………………………………………………………..
Documents of title issued by competent authorities include: ………

Now, I hereby make this Will to resolve my property as mentioned above as follows:
Considering the conditions, circumstances, personalities, and abilities of my children, as well as
my affection for them, I make this Will for disposition of all of my estate as mentioned in
section I hereof as follows:
When I pass away, all of property under my lawful ownership (estate) as mentioned in this will
shall be bequested to the individuals named below:
1 Full name: ……………………………………….; Born in: Mr./Ms ……………………
ID Card: No. …………………. Issued by Public Security of ………………………
issued on …………………………………………………………………………
Permanent residence address: …………………………………………………………..
2. Full name: ……………………………………….; Born in: Mr./Ms ……………………
ID Card: No. …………………. Issued by Public Security of ………………………
issued on …………………………………………………………………………
Permanent residence address: …………………………………………………………..
In addition to my above-mentioned children and relatives, I bequest none of my estate to any
other person.
This Will consists of ……….. pages and is made into ……… original copies of the same validity.

PREPARED BY
(Signature, and full name)

Witness(es):
1. Mr.: ……………………………………….; Born in: Mr./Ms ……………………
ID Card: No. …………………. Issued by Public Security of ………………………
issued on …………………………………………………………………………
Permanent residence address: …………………………………………………………..
2. Ms.:……………………; Born in: …………………………………………
ID Card: No. ……………. Issued by Public Security of ……………………………
issued on …………………………………………………………………………
Permanent residence address: …………………………………………………………..
The witnesses hereby acknowledge that Mr. ………………. voluntarily makes, sign, and bears his
or her fingerprint onto this Will.

WITNESS TO THE WILL
(Signature and full name)

Instructions on preparing a handwritten will

Making a lawful will in accordance with provisions of law is important because it represents the
desire and intention of the person with property to be bequested to others to avoid
unnecessary future disputes. Therefore, when making a handwritten will, it is necessary to
recognize the testator’s intention first (the testator either writes it down or asks someone to
write it down). In particular, a will should include following contents:

  • Specify the date, month, year and place of making the will.
  • Information on the testator: Full name, household registration and permanent address.
  • Full name of the person, agency or organization to receive the estate or clearly identifying the conditions for the individual, agency or organization to receive the estate.
  • Legacy to be bequested and its location (specify information about the estate. For example, if it is land, it is necessary to specify details of the land plot such as: location, area, legal information, etc.).
  • The person appointed to perform the obligation and the content of the obligation.

A will may not be written using abbreviations or other symbols. If a will consists of several pages, each page must be numbered and bear the signature or fingerprint of the testator.

We have provided you with the instructions on latest will forms and how to make a handwritten will.

Please contact us for more detailed instructions: letran@familylawyers.vn .

Give us a call

(+84 28) 36 22 77 30

Or meet us directly at

Head Office:
Le & Tran Building, Area 284, No.9, Nguyen Trong Tuyen
Street, Ward 10, Phu Nhuan District, Ho Chi Minh City

City Center Branch:
Unit 615-4, Level 6, Me Linh Point Tower 2
Ngo Duc Ke, District 1, Ho Chi Minh City

How can we help?

Tell us about your enquiry

Fill up the form and our lawyers will get back to you as soon as possible. And you can always

Family Lawyers
HEAD OFFICE

Le & Tran Building, Area 284, No.9, Nguyen Trong Tuyen Street,
Ward 10, Phu Nhuan District, Ho Chi Minh City

CITY CENTER BRANCH

Unit 615-4, Level 6, Me Linh Point Tower 2 Ngo Duc Ke, District 1,
Ho Chi Minh City

© 2022 © Family Lawyers. All rights reserved Disclaimer | Privacy Policy

Stay connected through our other channels