Pursuant to the provisions of Clause 1 and Clause 2, Article 58 of the 2024 Notary Law:
1. The testator must not authorize another person but must sign or sign and point to the notarized will. In case the testator cannot sign and cannot score points, the testator must be a witness according to the provisions of Clause 2, Article 49 of this Law.
2. In case the notary finds that the testator shows signs of loss of civil capacity, limited civil capacity, difficulty in perception, mastery of behavior or has grounds to believe that the testation shows signs of being deceived, threatened or forced, the notary shall request the testator to clarify, in case of not being able to clarify, the notary shall refuse to notarize that test.
3. In case the life of the testator is threatened with death, the testator does not have to present the necessary documents as prescribed in Clause 1, Article 42 of this Law but must clearly state them in the notarized document.
After 3 months from the time of making the will as prescribed in this clause and the testator is no longer in a state of danger to his life, the testator must submit all documents prescribed in Clause 1, Article 42 of this Law. If the testator does not submit all documents prescribed in Clause 1, Article 42 of this Law, the will notarization document will not be valid.
Accordingly, if it falls under one of the following cases, the notary will refuse to notarize the real estate will:
- The notary is not the testator (the testator is not authorized but must notarize the testament himself).
- The notary finds that the testator shows signs of loss of civil capacity, limited civil capacity, difficulty in perception, mastery of the behavior or has grounds to believe that the testation shows signs of being deceived, threatened or forced, the notary shall request the testator to clarify, in case of not being able to clarify, the notary shall refuse to notarize that test.
