HOW IS AN ESTATE DIVIDED ACCORDING TO A WILL? WHAT INFORMATION MUST A VALID WILL INCLUDE?
According to Article 659 of the 2015 Civil Code of Vietnam, the division of an estate according to a will is carried out as follows:
The estate shall be distributed in accordance with the wishes of the testator (the person who made the will);
If the will does not clearly specify each heir's share, the estate shall be divided equally among those mentioned in the will, unless otherwise agreed;
If the will divides the estate based on specific assets, the heirs will receive the items along with any profits or must bear any decrease in value up to the time of distribution;
If the will assigns portions as percentages, these are calculated based on the total value of the estate at the time of division.
Note: If an heir named in the will has died, no longer exists, or refuses to receive the inheritance, the portion related to that individual shall not take effect.
Under Article 631 of the 2015 Civil Code, a will must contain the following key information:
The date of creation (day/month/year);
Full name and residence of the testator;
Full name of the individual, organization, or agency entitled to inherit the estate;
Description of the estate and its location.
Additional requirements:
The will must not use abbreviations or symbols;
If the will spans multiple pages, each page must be numbered and signed or fingerprinted by the testator;
Any corrections must be signed next to by the testator or witness.
As stipulated in Article 643 of the 2015 Civil Code:
A will takes effect from the time the estate is opened, which is the time of the testator’s death;
A will (or part of it) does not take effect in the following cases:
The heir named in the will dies before or at the same time as the testator;
The organization or agency designated in the will no longer exists at the time the estate is opened;
The asset stated in the will no longer exists at the time of inheritance;
Only a part of the estate remains — the will is valid for that portion;
If one part of the will is invalid but the rest is lawful, the valid part remains effective;
If multiple wills exist for the same property, only the most recent will is valid.
According to Article 630 of the Civil Code, a will is considered legally valid if it meets the following conditions:
The testator:
Is mentally sound, fully aware, and not deceived, coerced, or threatened when making the will;
Makes a will with content that does not violate the law or social ethics;
Uses a form that complies with legal regulations.
Additional requirements:
A will by a person aged 15 to under 18 must be in writing and approved by a parent or guardian;
A will made by someone physically impaired or illiterate must be witnessed and notarized or authenticated;
An unnotarized written will is still valid if it meets the conditions of mental capacity, lawful content, and proper form;
An oral will is valid only if:
It expresses the person’s final wishes in front of at least two witnesses;
It is documented and signed or fingerprinted by the witnesses;
It is certified by a notary or authority within 5 working days after the oral declaration.
Conclusion
The process of dividing an estate according to a will must strictly follow the testator’s lawful wishes. A valid will must clearly state essential personal and estate details, comply with legal standards, and avoid any prohibited content. In some cases, even if someone is not named in the will, the law still entitles them to a mandatory share.
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