CONDITIONS FOR A VALID WILL & WHEN A WILL BECOMES EFFECTIVE

- A will is an important legal document that allows individuals to express their wishes regarding the distribution of their assets after passing away.
- For a will to be legally valid, it must meet certain conditions as prescribed by law.

- When does a will become effective? Is an oral will legally valid? If a new will is made, does the old will remain valid?
All these questions will be answered in detail in this article!

1. Conditions for a Valid Will

- According to Article 630 of the 2015 Civil Code, a legally valid will must meet the following conditions:

+ The testator must be of sound mind and fully aware when making the will; they must not be deceived, coerced, or threatened.
+ The content of the will must not violate legal prohibitions or social ethics.
+ The form of the will must comply with legal requirements.

- Some special cases:
+ A person aged 15 to under 18 years old can make a will but must have the consent of their parents or legal guardian.
+ A person with physical disabilities or illiteracy must have witnesses and the will must be notarized or certified.
+ A written will without notarization or certification is still legally valid if it meets all the conditions under Article 630 of the Civil Code.
+ An oral will is only valid if it follows the proper legal requirements, has witnesses, and is notarized within 5 working days.

2. When Does a Will Become Effective?

- Under legal regulations, a will only becomes effective upon the death of the testator.

+ A will is not legally effective in the following cases:
❌ The testator is still alive.
❌ The will is declared invalid due to failure to meet legal conditions.
❌ The content of the will is no longer applicable or cannot be executed.

+ Does a new will affect the validity of an old will?
- If a new will is made, the old will may be partially or completely revoked or replaced, depending on the provisions of the new will.

3. Is an Oral Will Legally Valid?

- According to Article 629 of the 2015 Civil Code, an individual can make an oral will in cases where:
• They are facing life-threatening circumstances and cannot create a written will.
• The oral will must be witnessed by at least two people, who must document and sign it.

- Validity period of an oral will:
+ If after 3 months from the date of making the oral will, the testator remains alive, mentally sound, and conscious, the oral will automatically becomes invalid.

* Note: Oral wills should only be a last resort in emergencies. If possible, a written will is preferable to ensure clearer legal validity.

4. Key Factors Affecting the Validity of a Will

- Legal requirements that must be met for a will to be valid:

+ The Legal Capacity of the Testator

• The testator must have full legal capacity, meaning they must be of legal age and capable of understanding and deciding on the distribution of their assets.
• A person aged 15 to under 18 can make a will only with the consent of their parents or legal guardian.

+ The Testator’s Free Will

• The will must be made voluntarily, without deception, coercion, or threats.
• If the testator was forced or deceived into making the will, it may be declared invalid.

+ The Content of the Will

• The will must clearly state the distribution of the testator’s assets to their heirs.
• If the content of the will violates legal provisions or social ethics, it may be invalidated.

+ The Form of the Will

• A written will can be:
✔ Without witnesses
✔ With witnesses
✔ Notarized or certified

• If a will does not comply with the legally required format, a court may declare it invalid.

- Conclusion

- For a will to be legally valid, it must meet all the conditions regarding the testator’s legal capacity, free will, content, and form as required by law.

- A will becomes effective when:
+ The testator has passed away, and the will meets all legal conditions.
+ An oral will can be valid, but only in exceptional circumstances and must strictly follow the legal requirements for witnesses and notarization.
- If a new will is created, the previous will may be revoked or replaced.

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