What Constitutes a Valid Will?

What Constitutes a Valid Will?

1. A will shall be considered lawful only when all of the following conditions are satisfied:

a) The testator is of sound mind and fully conscious while making the will; not deceived, threatened, or coerced;

b) The contents of the will do not violate prohibitions of law or contravene social morals; and the form of the will complies with legal provisions.

2. A will made by a person aged from fifteen to under eighteen years old must be made in writing and with the consent of their parents or guardian.

3. A will made by a physically impaired person or a person who is illiterate must be prepared in writing by a witness and notarized or certified.

4. A written will without notarization or certification shall be considered lawful if it satisfies all conditions prescribed in Clause 1 of this Article.

5. An oral will shall be considered lawful if the testator expresses their final wishes before at least two witnesses, and immediately after the oral declaration, the witnesses record, sign, or fingerprint the document. Within five working days from the date the oral will is made, the document must be notarized or certified by a notary public or competent authority confirming the signatures or fingerprints of the witnesses.

(Legal basis: Article 630 of the 2015 Civil Code)

Leave a Reply

Your email address will not be published. Required fields are marked *