ARE AN ORAL WILL AND A WRITTEN WILL EQUALLY LEGALLY VALID?

Legal situation: Mr. A wants to make a will to leave his property to his grandson, but he is unsure whether an oral will has the same legal validity as a written one?

Reply:

In principle, a will must be made in writing; an oral will is only permitted if it is impossible to make a written will.

Regarding verbal wills, Article 629 of the Civil Code 2015 states that an oral will can be made when a person's life is threatened and they cannot create a written will. After three months from the time the oral will is made, if the testator is still alive and mentally competent, the oral will is automatically revoked.

At the same time, according to Clause 5, Article 630 of the 2015 Civil Code, an oral will is considered valid if the testator expresses their final wishes in the presence of at least two witnesses and immediately after the testator expresses their final wishes, the witnesses record them and sign or make their fingerprints. Within five working days from the date on which the testator expresses their final wishes, the will must be notarized or authenticated by a competent authority to verify the signatures or fingerprints of the witnesses.

Therefore, both oral and written wills have legal validity if they are made under the circumstances prescribed by law and meet the requirements regarding content and procedures as stipulated by law.

According to Lawyer Pham Thao from FDVN Law Firm

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