1. What kind of will is considered illegal?
Provisions on wills are detailed in the 2015 Civil Code and the conditions for a will to be recognized by law as a legal will include:
- Testator: An adult, clear-minded, lucid, not deceived when making a will and not forced to make a will according to the wishes of others because a will is a document expressing the testator's will to leave his/her property to another person after death without anyone being able to interfere.
Note: Minors, specifically those from 15 to under 18 years old, can still make a will but must have the consent of their parents or guardians (according to Clause 2, Article 625 of the Civil Code).
- The form of the will must comply with the provisions of Article 627 of the Civil Code: It must be made in writing and can be made orally if at the time of making the will the life of the testator is threatened and the will cannot be made in writing.
- Contents of the will: Does not violate the prohibitions of the law, is not immoral and includes the contents stated in Article 631 of the 2015 Civil Code including: Date of creation; full name, place of residence of the creator, the beneficiary; inheritance and place of inheritance... and other contents according to the wishes of the testator.
Note: Do not abbreviate or use symbols in the will. It must be numbered if the will has many pages and has the signature/address of the testator...
2. How to illegally cancel a will
2.1 Profile
- Notarization request form (according to the form of the Notary Office/Office).
- Will revoked (original).
- Personal documents of the testator: Identity card or Citizen identification card or valid passport, household registration book...
- Documents on assets left in the will: Land use rights certificate, savings book...
2.2 Sequence and implementation time
Step 1: The testator goes to a notary organization and makes a request to the Notary Public of that notary organization.
Step 2: After reviewing the documents, wishes and requests of the testator, the Notary will draft a document to cancel the will with the contents as requested by the testator.
Step 3: The person requesting notarization will re-read the draft and the Notary will explain in detail the contents of the draft Document of Cancellation of Will.
Step 4: After the person requesting notarization has accepted all the contents of the draft, the Notary will instruct the person requesting notarization to sign and fingerprint each page of the Will Cancellation Document.
Step 5: The testator presents the original personal documents, assets... related to the will and the Will Cancellation Document for the Notary to compare and review.
Step 6: The notary checks the signature, fingerprint, compares the records and documents and notarizes each page of the Will Cancellation Document and signs and stamps the Notary's Testimony as well as affixes the edges of this Document if the Document has multiple pages.
Step 7: The person requesting notarization will be returned the original notarized Will Cancellation Document and will pay notarization fees and remuneration in accordance with the agreement and regulations of law.
The time to notarize this document is usually very fast, in fact it can be done within 1 working day. Meanwhile, according to the provisions of Clause 2, Article 43 of the Notarization Law, the notarization period is not more than 2 working days and can be extended to no more than 10 working days if this procedure has many complicated issues.
