Clause 1, Article 630 of the 2015 Civil Code clearly stipulates as follows:
1. A legal will must meet the following conditions:
a) The testator is clear-minded and wise while making the test; not deceived, threatened, or forced;
b) The content of the will must not violate the prohibitions of the law, not be contrary to social morality; the form of the will must not be contrary to the provisions of law.
Thus, a legal handwritten real estate will must meet the following conditions:
(1) Conditions for the testator
- Age for making a handwritten will (notarized or certified): Must be 15 years of age or older, in the case of a person aged 15 to under 18 years old, if the father, mother or guardian agrees to make a will (according to Clause 2, Article 625 of the 2015 Civil Code).
- The testator is clear-minded and wise when making the will.
- Not deceived, threatened, or forced.
(2) Conditions on the content of the will
The content of the will must not violate the prohibitions of the law, and must not be contrary to social ethics. The will includes the following main contents:
- Day, month, year of the will.
- Full name and place of residence of the testator.
- The names of the person, agency, or organization entitled to inherit the inheritance.
- Heritage left and place of inheritance.
In addition to the above main contents, the will may have other contents.
The will must not be abbreviated or written with signs, if the will consists of many pages, each page must be marked with a serial number and the signature or index point of the testator.
In case the will is erased or corrected, the person who wrote the will or the testator must sign the name next to the place of erasure or correction.
(3) Conditions on the form of the will
The form must not be contrary to the provisions of law, specifically:
- For written wills without witnesses: The testator must write and sign the will himself.
- For written wills be witnessed: At least 2 witnesses must be present. Accordingly, anyone can witness the making of a will, except for the following people:
+ The heir according to the will or according to the law of the testator.
+ People with rights and obligations for assets related to the content of the will.
+ Juvenile (under 18 years old), people with civil behavior loss, people with difficulty in perception, mastering behavior.
The testator must sign or point the will in front of witnesses; witnesses confirm the signature and point of the testator and sign the will.
Thus, a legal handwritten will for real estate must meet the above conditions.
