LEGAL WILL NOTARIZATION PROCEDURE AND REQUIRED DOCUMENTS
1. Is Notarization of a Will Mandatory?
According to Article 628 of the 2015 Civil Code, a written will can take the following forms: without witnesses, with witnesses, notarized, or certified.
A will is considered legally valid if it meets the following conditions:
The testator is mentally sound and not deceived, coerced, or threatened;
The content of the will does not violate the law or social ethics;
The will is made in writing or orally, in accordance with legal provisions.
Clause 3, Article 630 stipulates: A will made by a person with physical disabilities or by someone who is illiterate must be in writing and notarized or certified.
Conclusion: Notarization is not mandatory for all wills, except in specific cases as mentioned above. However, notarizing a will ensures stronger legal validity and reduces disputes.
2.1 Where to Notarize a Will?
At a Notary Office under the Provincial People’s Committee or a legally licensed, reputable private Notary Office.
2.2 Required Documents for Notarizing a Will
Notarization request form;
Draft of the will (if available);
Personal identification documents (ID card/Citizen ID/passport);
Documents proving ownership of the estate (Land Use Rights Certificate, savings book, etc.);
Photocopies of documents (originals must be presented for verification).
2.3 Steps in the Notarization Process
Step 1: Submit documents
Bring them to the Notary Office.
Step 2: Document review and consultation
The notary checks documents and explains rights, obligations, and legal consequences.
If there are doubts, the notary may request clarification, expert appraisal, or refuse notarization.
Step 3: Review of the draft will
If any content violates the law or social ethics, the notary will notify the requester to revise. Refusal applies if not corrected.
Step 4: Signing and certification
The requester signs each page after reading or listening to the notary. Originals of all documents must be presented for verification before notarization.
Step 5: Receive notarized documents
2.4 Notarization Fees
According to Circular 257/2016/TT-BTC:
Notarization fee: 50,000 VND;
Will storage fee: 100,000 VND per case.
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- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
