International Inheritance Laws

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In Vietnam a person may make a will if that person has attained adulthood. The testator must be clear -minded and not be deceived, threathened, or forced while making the will.

It seems to me that the age of adulthood in Vietnam is 18 years or older. However, a minor between the ages of 15 and under 18 may make a will providing that (a) it must be in writing and (b) consent to make such a will must given by  a parent or guardian. Also, such a will must not be contrary to the law nor provisions of the law and/or social ethics as is required by the Vietnam Civil Code, Chapter XXIII- Testamentary Inheritance.

 

Just like New York inheritance laws the Vietnamese testamentary rights states that (1) the testator may designate heir(s) or disinherit a heir; (2) the testator may divide the estate among his/her heir(s); (3) may set aside part of the estate for donation or worship; (4) assign obligations to the heir(s) and (5) and appoint an administratot and trustee.

 

Such will can be made in writing or orally: notwithstanding that if the will is made orally because some terminal illness compels such a situtation, yet the testator prolongs his/her life after three months of the oral testament, it is annulled automatically if it cna be proven that the testator is not only alive but clear-minded. As for the written will it can be made without witnesses or with witnesses, must be notarized and authenticated. It can also be in any of their local dialects.

 

These are what a written will may be compiled of:

a/ Day, month, year, on which the testament is made;

b/ Full name and place of residence of the testator;

c/ Full names of the person(s), agency(ies) or organization(s) entitled to the estate or the clear definition of conditions for individuals, agencies or organizations to enjoy the estate;

d/ The inheritance estate bequeathed and the location of such estate;

e/ The person(s) appointed to perform the obligations and the contents of such obligations.

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