Making a will is an important part of managing personal assets before death. For foreigners living in or owning property in Vietnam, it is crucial to follow legal regulations to ensure the will’s legality and effectiveness in Vietnam. Below is a detailed guide on how foreigners can make a will in Vietnam, including conditions, forms, and related legal issues.

Wills with Foreign Elements

According to Article 663, Clause 2 of the Civil Code 2015, a civil relationship has foreign elements if it meets one of the following conditions:

– At least one party involved is a foreign individual or legal entity;

– All parties are Vietnamese citizens or legal entities, but the establishment, modification, execution, or termination of the relationship occurs abroad;

– All parties are Vietnamese citizens or legal entities, but the subject of the civil relationship is located abroad.

A will is understood as the expression of an individual’s intent to transfer their property to others after death (Article 624 of the Civil Code 2015). Thus, a will with foreign elements involves one or more of the following:

– The testator or the heir is a foreigner or a Vietnamese citizen residing abroad;

– The inherited property is located abroad;

– The will is made abroad.

Validity Conditions for Foreigners’ Wills in Vietnam

A will with foreign elements is legally valid if it meets the following conditions:

Capacity to Make a Will: According to Article 681, Clause 1 of the Civil Code 2015, the capacity to make a will is determined by the laws of the country of the testator’s nationality at the time of making, modifying, or revoking the will.

Form of Foreign Wills: According to Article 681, Clause 2 of the Civil Code 2015, the form of a will is determined by the laws of the country where the will is made. However, the form of the will is also recognized in Vietnam if it complies with the laws of one of the following:

• The country where the testator resides at the time of making the will or at the time of the testator’s death;
• The country of which the testator is a national at the time of making the will or at the time of the testator’s death;
• The country where the real estate is located if the inherited property is real estate.

Conclusion:

Making a will in Vietnam for foreigners involves complex legal regulations and foreign elements. To protect your rights and avoid legal risks, testators should be well-informed about regulations related to property, ownership rights, and legal conflicts. If you have any questions or need further advice on the will-making process in Vietnam, do not hesitate to contact us for assistance.

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