Foreigners are allowed to make wills in Vietnam, and the legal framework for wills by foreigners is governed by Vietnamese law. Here are some key points to consider if you are a foreigner wishing to make a will in Vietnam:
1. Legal Requirements:
To create a valid will in Vietnam, you must meet the legal requirements outlined in the Law on Civil Status. These requirements include being of sound mind, being at least 18 years old, and having the freedom to dispose of your property through a will.
2. Form of the Will:
In Vietnam, wills can be in written or oral form, but written wills are more commonly used and recommended. A written will should be signed and dated by the testator (the person making the will) in the presence of at least two witnesses.
3. Translation:
If you are not fluent in Vietnamese, it is advisable to have your will translated into Vietnamese to ensure clarity and compliance with local regulations.
4. Witnesses:
Two witnesses are typically required to validate a will. These witnesses should be of legal age and must not be beneficiaries or close relatives. Their role is to attest that the will was made voluntarily by the testator and that the testator was of sound mind at the time of making the will.
5. Notarization:
While notarization of wills is not mandatory in Vietnam, it is advisable. A notary public can help ensure the authenticity of the will and the signatures of the testator and witnesses.
6. Choice of Law:
You may choose the law of your home country or the law of Vietnam to govern your will. However, it's essential to consult with legal experts who are knowledgeable in international wills to make an informed choice.
7. Assets in Vietnam:
If you have assets in Vietnam, it is recommended to specify the distribution of those assets in your will. This can help avoid potential conflicts and ensure that your wishes are carried out.
8. When using ACC Law Firm's testament, entrepreneurs will receive
9. Q&A
Q1: Can foreigners make wills in Vietnam?
Yes, foreigners can make wills in Vietnam. The Vietnamese law recognizes the right of foreigners to create wills to distribute their assets located in Vietnam.
Q2: What are the requirements for making a will as a foreigner in Vietnam?
To make a will as a foreigner in Vietnam, you need to comply with the following requirements:
1. Be of sound mind and legal age (18 years or older).
2. Include your personal information, such as your full name, nationality, and contact details.
3. Clearly state that the document is your last will and testament.
4. Identify your assets located in Vietnam that you wish to distribute.
5. Appoint an executor to administer your estate in Vietnam.
6. Determine how you want your assets to be distributed among your beneficiaries.
7. Sign the will in the presence of two witnesses who are not beneficiaries or related to beneficiaries.
Q3: Can I use an international will in Vietnam?
Vietnam is not a party to the Hague Convention on the International Wills, so international wills are not recognized in Vietnam. To ensure the validity and enforceability of your will in Vietnam, it is advisable to create a will specifically tailored to Vietnamese laws and regulations.
Q4: Do I need a lawyer to make a will in Vietnam as a foreigner?
While it is not legally required to have a lawyer when making a will in Vietnam, it is highly recommended to seek legal advice from an experienced lawyer who is familiar with Vietnamese laws and regulations. A lawyer can guide you through the process, ensure that your will meets all legal requirements, and help minimize the risk of any complications or disputes arising after your passing.
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