A will is understood as an expression of an individual's will to transfer his or her property to another person after death.
According to the provisions of Article 609 of the 2015 Civil Code, the right to inheritance is as follows: Individuals have the right to make a will to dispose of their property; leave their property to their heirs according to the law; inheritance by will or by law. Therefore, making a will to dispose of assets after death is completely consistent with the provisions of law.
A lawful will is a case in which a will is made in accordance with the provisions of Article 630 of the 2015 Civil Code.
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 that is not notarized or authenticated 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.
Article 631. Contents of wills
1. A will includes the following main contents:
a) Date, month and year of making the will;
b) Full name and place of residence of the testator;
c) Full name of the person, agency or organization entitled to the estate;
d) The legacy left behind and the place where the estate is located.
2. In addition to the contents specified in Clause 1 of this Article, a will may contain other contents.
3. A will must not be abbreviated or written in symbols. If the will consists of many pages, each page must be numbered and signed with the testator's signature or fingerprint.
In case a will has been erased or corrected, the person who wrote the will or testified to the will must sign it next to the place where the will is erased or corrected.
Pursuant to the above provisions, a lawful will is a will made at a time when the testator is lucid and wise, the making and distribution of the estate according to their will is not deceived. or coerced. The content of the will does not contravene the provisions of law and social ethics, ensuring the correct form of the will.
Make a will to leave the land but not sell it, is it possible?
Regarding this issue, Clause 1, Article 645 of the 2015 Civil Code provides:
Where the testator leaves a part of the estate to be used for worship, that part of the estate shall not be divided into inheritance and shall be assigned to the person designated in the will for management to perform the worship; if the designee fails to properly execute the will or does not follow the agreement of the heirs, he or she has the right to hand over the portion of the estate used for worshiping to another person to manage for worship.
In case the person leaving the estate does not appoint a manager of the worship estate, the heirs shall appoint a manager of the worship estate.
In case all the heirs according to the will have died, the part of the estate used for worship shall belong to the person who is lawfully managing the estate among the legal heirs.
However, if the entire estate of a deceased person is not enough to pay off his/her property obligations, part of the estate may not be used for worship (according to Clause 2, Article 645 of this Code). Civil 2015). That is, if the entire estate of the deceased is not enough to "pay the debt", the house and land must be used to repay the debt, even though the content of the will clearly states that it is to be used for worship.
Summary:
- If the will shows content that is not for sale but is only used for worship, the heir has no right to sell, unless the entire estate of the deceased is not enough to fulfill his/her obligations. If it is not enough to pay the debt, the house must be sold or transferred to the creditor).
- If the will does not contain the content "used for worship", the heir will still have all the rights of the land user, including the right to transfer.
Minh Hoa (th)
