IS A PERSON BORN DEAF AND MUTE ELIGIBLE TO REQUEST THE NOTARIZATION OF THEIR WILL??

Legal case:

Dear Lawyer, I would like to ask, my mother was born deaf and mute but wants to make a will to transfer land use rights to me. In this case, does my mother have the right to request the notarization of the will?

Reply:

Thank you for your inquiry to FDVN Law Firm. After reviewing the relevant legal provisions, FDVN would like to provide the following response to your query.

According to Clause 2, Article 47 of the 2014 Notarization Law:

In cases where the person requesting notarization is unable to read, hear, sign, or point out, or in other cases as prescribed by law, the notarization must have a witness.

A witness must be at least 18 years of age, have full civil capacity, and have no rights, interests, or obligations related to the notarization.

The witness is invited by the person requesting notarization. If the person requesting notarization is unable to invite a witness, the notary public shall appoint one.”

Based on the above regulations, in the case of your mother being born deaf and mute, she is still fully able to have her will notarized. However, the notarization process must involve a witness. The witness must be at least 18 years old, possess full civil capacity, and have no rights, interests, or obligations related to the piece of land your mother intends to leave to you.

Lawyer Le Minh Huong - Lawyer FDVN

----------------------------------------------------------------------------------------------------------------------