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AMENDMENT, REVOCATION, AND CREATION OF A NEW WILL – LATEST LEGAL REGULATIONS

A will is an important document that ensures an individual’s right to dispose of their assets after passing away. However, in many cases, the content of the will may no longer align with the testator's original wishes, leading to the need for amendments, revocation, or the creation of a new will. So, what are the legal procedures governing these changes?

1. How Are Amendments, Revocation, and Creation of a New Will Regulated?

According to Article 609 of the 2015 Civil Code, individuals have the right to create a will to dispose of their assets. If the contents of the will become inappropriate, the testator may amend, revoke, or create a new will in accordance with legal provisions.

2. What Is a Will?

As defined in Article 624 of the 2015 Civil Code, a will is the declaration of an individual's intent to transfer their assets to another person after their death.

A will can be made in the following forms:

· Written will: It may be witnessed or unwitnessed, and may also be notarized or certified.

· Oral will: Only considered legally valid if made when the testator is in a life-threatening situation and cannot create a written will, and if at least two witnesses document it.

3. Regulations on Amending, Revoking, and Creating a New Will

The testator has the right to amend, supplement, or revoke their will at any time before their death.

· Amendment or supplementation of the will: The testator may change part or all of the will’s contents by drafting an amendment or creating a new will.

· Revocation of the will: The testator may declare the complete revocation of a previous will without necessarily creating a new one.

· Creation of a new will: Once a new will is created, the old will automatically loses its effect.

If the will has been notarized, any modifications must be made through a notary public, as required by the 2014 Notarization Law.

4. Procedure for Amending a Will

Required documents:

· The original will (if available).

· The testator’s personal identification documents (ID card/Citizen ID/Passport).

· Documents proving ownership of the assets (if applicable).

· Notarization request form.

Implementation process:

· If the will was notarized at a notary office, the amendment must be notarized.

· If the will was handwritten, the testator or witnesses must sign next to the amendments.

5. Procedure for Revoking a Will

Required documents:

· All previously created wills.

· The testator’s personal identification documents.

· Documents proving ownership of assets.

· Notarization request form.

--> Note: The revocation of a will does not equate to creating a new will. If the testator wishes to re-establish asset disposition rights, a new will must be created.

6. Procedure for Creating a New Will

Required documents:

· The testator’s personal identification documents.

· Asset ownership certificates (if applicable).

· Draft of the new will (if available).

· Marital status confirmation (if required).

--> Note: When a new will is created, the previous will automatically becomes invalid as per Clause 5, Article 643 of the 2015 Civil Code.

7. Notarization Fees for Amending, Revoking, or Creating a New Will

According to Article 4 of Circular 257/2016/TT-BTC, the notarization fee for amending, revoking, or creating a new will is 25,000 VND.

Additionally, the notary office may charge notarization service fees, as regulated by each locality, but the fee must not exceed the limit set by the Provincial People’s Council.

8. Legal Consultation & Will Drafting Services

Creating a will is a crucial step to ensure that assets are distributed according to the testator’s wishes. If you require legal consultation or assistance in amending, revoking, or drafting a new will, A.D.V.N Law is here to help.

Contact Information:

If you need more information or support, please contact ADVN LAW for detailed advice.

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