How to Make a Valid Will in Vietnam, Including a Handwritten Will

A will lets a person decide how their estate is distributed after death. In Vietnam, wills are governed by the Civil Code 2015, which sets out who can make a will, the forms a will may take, and the conditions for it to be valid. A carefully made will can reduce disputes among heirs.

Conditions for a valid will

To be valid, a will must be made by a person of sound mind acting voluntarily, without deception or coercion. Its contents must not violate the law or social ethics. The will should clearly identify the testator, the heirs and the property concerned so that it can be carried out without ambiguity.

Forms of will

• A written will, which may be witnessed or notarised or certified for added security.
• A handwritten will, written entirely and signed by the testator in their own hand.
• An oral will, which is only recognised in limited emergency circumstances and lapses if the testator survives and can later make a written will.

Handwritten wills

A handwritten will must be written out in full and signed by the testator personally. Because there are no witnesses, clarity is important: the document should be dated, identify the assets and heirs precisely, and be kept somewhere safe. Notarisation or certification is not required for this form but can help prove authenticity.

How a will interacts with inheritance by law

Where there is no valid will, or a will does not cover the whole estate, the remaining estate passes according to inheritance by law to heirs in order of priority. The Civil Code also protects certain close dependants who may be entitled to a share even where the will provides otherwise.

Frequently asked questions

Does a will have to be notarised?

Not always. A valid handwritten will does not require notarisation, though notarisation or certification can help prove the will is genuine.

Can I leave everything to one person?

Generally yes, but the law reserves a share for certain protected heirs, such as minor children or dependants, in defined situations.

What happens if there is no will?

The estate is distributed by law to heirs in order of priority under the Civil Code 2015.

How LTV Law helps

LTV Law helps you draft a clear, valid will and advises on how it fits with the rules on inheritance by law; to plan your estate, contact our team.

This article is for general information only and does not constitute legal advice.