Question:
My father just passed away and everyone in the family found a will he drafted and saved on his personal computer while he was still alive, so in this case is the will valid or not?
Reply:
According to the provisions of the Civil Code, wills must be made in writing, if it is not possible to make a written will, an oral will can be made. Thus, wills have only two forms: written or oral wills.
According to Article 628 of the 2015 Civil Code, a written will will include:
1. A written will without witnesses.
2. A written will with witnesses.
3. Notarized written will.
4. A written will with certification.
Article 633 of the Civil Code stipulates: If a will is in writing without witnesses, "the testator must write and sign the will himself".
Besides, according to Article 629 on oral wills:
1. Where a person's life is threatened by death and it is impossible to make a written will, an oral will may be made.
2. After 03 months from the time of oral will, if the testator is still alive, sane and lucid, the oral will will be automatically annulled.
In addition, a valid will valid under Article 630 of the Civil Code 2015 is provided for as follows:
Article 630. Lawful wills
1. A lawful will must fully satisfy the following conditions:
a) The testator is lucid and lucid while making the will; not be deceived, threatened or coerced;
b) The content of the will does not violate the prohibition of the law or against social ethics; the form of a will is not contrary to the provisions of the law.
2. Wills of persons aged between full fifteen years and under eighteen years must be made in writing and must be approved by their parents or guardians on the making.
3. The will of a person with physical limitations or of an illiterate person must be made in writing by a witness and notarized or authenticated.
4. A written will without notarization or authentication shall only be considered lawful if all the conditions specified in Clause 1 of this Article are satisfied.
5. An oral will is considered legal if the oral testator shows his/her last will in front of at least two witnesses and immediately after the oral testator shows his/her final will, the witness records copy, co-sign or fingerprint. Within 05 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.
As such, content prepared on a computer does not meet the formal requirements to be considered a will.
A will, on the other hand, is an expression of an individual's will to transfer his or her property to someone else after death. Therefore, documents stored on computers cannot prove whether it is the will of the deceased or not. Therefore, this case cannot be considered as a legal will.
Minh Hoa (th)
