In the context of increasingly deep international integration, the number of multinational families in Vietnam is growing significantly. Many foreigners have married Vietnamese citizens and are living here permanently. Therefore, the issue of the legal validity of wills and inheritance rights, especially for children living abroad, needs to be clarified in accordance with Vietnamese law.

1. Are wills made in Vietnam valid for foreigners?

According to the 2015 Civil Code and the Law on Marriage and Family of Vietnam, wills made in Vietnam by foreigners are fully legally valid if they meet the following conditions:

• The testator has full legal capacity (at least 18 years of age, of sound mind, and acting voluntarily).
• The will is drawn up in accordance with the form specified in Article 627 of the 2015 Civil Code (written will, notarized/certified will, written will with witnesses, audio or video recorded will).
• The content of the will does not violate any legal prohibitions or contravene social morality.
• The property bequeathed in the will is legally owned by the testator.

Notably, Article 680 of the 2015 Civil Code stipulates: “For inheritance relationships involving foreign elements, the law applicable to inheritance is the law of the country of which the person leaving the inheritance was a citizen before death.”

Specific case:

• If a foreign national with U.S. citizenship makes a will in Vietnam regarding property in Vietnam, U.S. law will govern the substantive issues. Meanwhile, Vietnamese law will govern the formal aspects of the will and the procedures for exercising inheritance rights.
• However, in the case of a foreigner owning real estate in Vietnam, according to the principle of “the law of the place where the real estate is located,” the inheritance of that real estate must still comply with the provisions of Vietnamese law.

2. Can children living abroad inherit under a will?

Absolutely. Children of the deceased (whether biological, adopted, or stepchildren) living abroad still have the right to inherit property in Vietnam in the following cases:

• Designated in the will: When the testator clearly designates the child living abroad as the heir.
• Inheritance according to law: When there is no will or the will is invalid, children living abroad belong to the first order of inheritance according to Article 651 of the 2015 Civil Code.
• Receiving a reserved portion of the estate: Even if not mentioned in the will, minor children or adult children who are legally incompetent are still entitled to receive a portion of the estate equal to 2/3 of what they would receive if inheriting according to law (Article 644 of the 2015 Civil Code).

Furthermore, the nationality and place of residence of the heir do not affect their right to inherit, provided that they meet the conditions for inheritance under the law.

3. What if the will only lists the current spouse’s name and does not mention children from a previous marriage?

When the will only lists the name of the current spouse without mentioning the children, the situation is handled as follows:

Regarding the estate in the will:

• In accordance with the principle of respecting the testator’s will, the assets specified in the will shall belong to the subsequent spouse in accordance with the contents of the will.
• However, if the children of the testator are entitled to reserved inheritance (minor children or adult children who are legally incompetent), they will still receive the reserved portion of the inheritance as stated above.

Specific example:Mr. John (British national) married Ms. Lan (Vietnamese national) and had a son, Tom (16 years old, living in the UK with his grandmother). Mr. John made a will in Vietnam, leaving his entire house in Hanoi to Ms. Lan without mentioning Tom. According to the regulations, Tom is still entitled to 2/3 of the portion he would have received if he had inherited according to the law. Thus, if Tom would have received 1/2 of the property under statutory inheritance, in this case, Tom would receive 2/3 of 1/2, which is 1/3 of the house’s value.

4. Who are the mandatory heirs under Vietnamese law?

Vietnamese law does not use the term “mandatory heir” but has provisions regarding those entitled to a reserved share of the estate under Article 644 of the 2015 Civil Code, including:

• Minor children (under 18 years ofage )
• Adult children who are unable to work (lacking legal capacity)
• The testator’s parents, spouse, or children if they are unable to work and lack assets to support themselves

These persons, even if not mentioned in the will, are entitled to receive an inheritance equal to two-thirds of what they would receive if inheriting under the law.

Notably, this provision applies even if the testator is a foreign national but the inherited estate consists of assets in Vietnam, particularly real estate.

Read more in the article: https://hmlf.vn/will-2/protection-of-vulnerable-individuals-in-inheritance-matters-in-vietnam/

5. What are the procedures for children residing abroad to inherit property in Vietnam?

Children residing abroad who wish to inherit property in Vietnam must follow the procedures below:

Step 1: Prove heir status

• Prepare documents proving the relationship with the deceased (birth certificate, adoption certificate, etc.)
• These documents must be consular legalized if issued abroad (unless exempted under international treaties)
• Translate into Vietnamese and notarize the translation

Step 2: Inheritance procedures

• Submit an application for the division of the inheritance
• Provide the will (if available)
• Divide the estate according to the agreement or in accordance with the law
• Pay inheritance tax (if the value of the inherited assets is 10 million VND or more)

Step 3: Procedures for transferring assets abroad (if necessary)

• For cash: Follow the regulations on foreign exchange management
• For real estate: Foreigners who are not eligible to own residential property in Vietnam must transfer or sell the property

Heirs residing abroad may authorize relatives or lawyers in Vietnam to perform the above procedures through a power of attorney legalized by the consulate.

Time limit for inheritance claims:

According to Article 623 of the 2015 Civil Code, the statute of limitations for inheritance lawsuits is 30 years for real estate and 10 years for movable property, counting from the time of inheritance (the time when the person who left the inheritance died).

Conclusion

A will made in Vietnam by a foreigner is legally valid when it meets all the formal and substantive requirements under the law. On the other hand, children residing abroad still have legal inheritance rights. In particular, minors or adults who are legally incompetent are always protected through the reserved inheritance regime.

To ensure legal validity and avoid disputes, foreigners making a will in Vietnam should:

• Have the will notarized by a competent authority in Vietnam
• Seek legal advice regarding inheritance laws in both Vietnam and their country of nationality
• Carefully consider the interests of relatives, especially children, to avoid the will being partially invalidated due to infringement of the reserved portion of the estate

Contact for consultation

If you or a loved one is facing issues related to international inheritance, wills with foreign elements, or inheritance rights of children abroad, contact Harley Miller Law Firm—a law firm specializing in international inheritance—for detailed advice tailored to your specific situation.

With years of experience assisting international clients with wills and inheritance matters involving foreign elements, Harley Miller Law Firm will help you and your family avoid unnecessary legal risks and maximize the protection of your legal rights.

Email: [email protected]

Phone/Whatsapp: +84 9372 15585