What is the Process for a Foreigner to Create a Will in Vietnam and Leave Their Real Estate to Their Heirs?

In this context, it is crucial for individuals to understand the legal framework surrounding wills and estate planning in Vietnam and to collaborate with qualified professionals to properly document and legally recognize their wishes.

1. Applicable law

In principle, the international treaties between Vietnam and Malaysia are first applied for such relation, then Vietnamese laws are applied. For inheritance under a will with foreign elements, Article 681 of the 2015 Civil Code apply to determine the subject’s capacity when Vietnamese citizens make, change, or cancel wills and dispose of inheritance, regardless of whether the inheritance is movable or immovable. Vietnamese law will not govern the determination of the subject’s capacity when a foreign citizen makes, changes, or cancels a will to dispose of the inheritance, even if someone performs this act in Vietnam.

2. The individuals involved in the process of implementing a will are the testator, the heirs, and the administrator

– Capacity of the testator to make the will
– Conditions of the heirs under the will
– Administrator of the inherited property and distributor of the inherited property

3. The formalities of the will

According to the Civil Code of 2015, individuals must adhere to the laws of the nation where they write, sign, and/or notarize their will in order to meet the formalities required for creating a will. If created outside of Vietnam, it must comply with the formalities of any of the following countries.

4. Conclusion

In summary, while creating a will as a foreigner in Vietnam may seem like a daunting task, it is definitely achievable with a bit of preparation and understanding of the legal procedures involved. Foreigners can ensure the protection of their loved ones and the distribution of their assets according to their wishes by seeking the guidance of a competent lawyer and carefully navigating the process step-by-step. Ultimately, creating a will is one of the most important steps both for ensuring peace of mind during one’s lifetime and for easing the burden on heirs following one’s passing.
#wills #heirs #civillitigation

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