In an increasingly globalized world, the concept of multiple nationalities is becoming more common. For those living in Vietnam or possessing assets here, it is essential to understand the implications of having multiple nationalities on inheritance and will creation. This article will explore the complexities of drafting wills in Vietnam for individuals with multiple nationalities and provide guidance for navigating this intricate legal landscape.

Understanding Wills in Vietnam

Vietnam’s inheritance laws have unique characteristics that may differ significantly from those in other countries. For foreigners and individuals with multiple nationalities, it is crucial to grasp these distinctions:

Recognition of Legal and Testamentary Inheritance:
Vietnam’s inheritance law clearly distinguishes between two forms of inheritance: legal inheritance and testamentary inheritance. Legal inheritance occurs when the decedent does not leave a will or if the will is invalid. Conversely, if there is a valid will, the estate will be divided according to the wishes of the decedent, ensuring that their intentions are fulfilled.

Form Requirements for Wills:
Wills in Vietnam must be made in writing and can take various forms, including handwritten, typed, or oral wills.

Notarization of Wills:
While notarization of wills is not a legal requirement, it is highly encouraged. Notarization helps verify the validity of the will and ensures that it will be executed according to the wishes of the testator. This can also help minimize the risk of disputes arising after the decedent’s death.

Wills Made Abroad:
A will is considered valid in form if it complies with:

1. The laws of the country where the testator was a citizen at the time of drafting or at the time of death.
2. The laws of the country where the will was made.

Additionally, the capacity to create and revoke a will is also governed by the laws of the country where the testator was a citizen at the time of drafting or revoking the will. In cases of dual nationality, international treaties will resolve conflicts of law based on the nationality the individual is most closely associated with, unless there is a clear choice of nationality within a specified timeframe.

Complexities of Multiple Nationalities in Inheritance

Having multiple nationalities can complicate inheritance issues due to potential conflicts between the laws of different countries. Key issues include:

• Determining which country’s laws will apply to inheritance.
• The possibility of double taxation on inherited assets.
• Conflicts between mandatory inheritance regulations in different countries.

For example, if a person with dual citizenship in the United States and Vietnam passes away, there may be questions about whether U.S. or Vietnamese inheritance laws apply to their assets in Vietnam.

Strategies for Individuals with Multiple Nationalities When Drafting Wills in Vietnam

To navigate these complexities, consider the following strategies:

• Draft separate wills for assets in different countries.
• Ensure that each will complies with local laws and specifies that it applies only to assets in that country.
• Consult legal experts in each relevant jurisdiction.
• Consider using international estate planning tools, such as trusts.

The Role of International Law

Treaties and international agreements can play a significant role in inheritance cases involving individuals with multiple nationalities. Vietnam has signed numerous mutual legal assistance treaties on civil, criminal, and family matters with various countries, including Germany, Russia, the Czech Republic, Cuba, Hungary, Poland, and others. These agreements establish principles of equality in inheritance relations between citizens of the signatory countries. Accordingly, citizens from one signatory country have equal rights with citizens of another country regarding the creation and revocation of wills for assets in both countries, as well as the right to inherit assets under the same conditions that citizens of that country enjoy.

For instance, provisions in mutual legal assistance treaties between Vietnam and countries such as Article 45 with Germany, Article 25 with Russia and the Czech Republic, Article 34 with Cuba, Article 43 with Bulgaria, and Article 45 with Hungary stipulate that:

• For movable property: The right to inherit movable property is determined by the laws of the country where the decedent was a citizen at the time of death.
• For immovable property: The right to inherit immovable property is governed by the laws of the country where the property is located.
• Distinction between movable and immovable property: The laws of the country where the property is located will apply.

Conclusion

Navigating inheritance regulations when holding multiple nationalities requires careful planning and expert guidance. Drafting a will in Vietnam for individuals with multiple nationalities can be complex. However, understanding and addressing issues proactively ensures your assets are distributed per your wishes, regardless of nationality.

Remember, this article provides only an overview, and inheritance laws can be intricate and change over time. Always consult legal professionals for personalized advice tailored to your specific situation.

Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn