Things to note when making a will regarding real estate.

I own a 1,000 ^m² plot of land in Dong Nai and a house in Ho Chi Minh City, and I want to make a will dividing it equally between my two children. Now that I am old and have difficulty traveling, where can I have my will notarized?

If the will is not notarized, can I have it authenticated? What would the authentication process involve?

Reader Tran Ngoc sent a question to Thanh Nien newspaper .

Consultant

Notary public Quách Chí Đức (Trần Thanh Hải Notary Office, Ho Chi Minh City) advises that Article 42 of the Notarial Law stipulates:

Notaries of notary offices are only permitted to notarize contracts and transactions related to real estate within the province or centrally-governed city where the notary office is located, except for notarizing wills, documents rejecting inheritance of real estate, and power of attorney documents related to the exercise of rights over real estate.

Therefore, you can contact any notary office in Vietnam to notarize the will regarding the two properties mentioned above.

The testator can go to a notary public or the commune-level People's Committee to have the will certified.

In addition to notarization, the testator can also have the will authenticated at the competent People's Committee at the commune level.

According to Article 5 of Government Decree 23 of 2015, you can go to any People's Committee of a commune, ward, or town to have your will certified regarding the house and garden land mentioned above.

According to Article 36 of Decree 23, when notarizing a will, you must submit one set of documents requesting notarization, including the following: draft will (if any), a copy of the testator's valid ID card or passport, a copy of the certificate of ownership or right of use, or a copy of other legally prescribed substitute documents. Copies of these documents must be presented along with the originals for verification.

The notary will examine the documents in the will notarization request file. If the file is complete, and at the time of notarization the testator is acting voluntarily, is mentally sound and aware, and is in control of their actions, then the notarization will be performed.

Please note that when making a will, you must sign it in the presence of the person performing the notarization. If you cannot sign, you must use your fingerprint; if you cannot read, hear, sign, or use your fingerprint, then two witnesses are required. The witnesses must have full legal capacity and must not have any rights, interests, or obligations related to the will.

The person performing the certification records the certification statement according to the prescribed form; signs, clearly states their full name, affixes the seal of the certifying agency, and records it in the certification register.

Source link: https://thanhnien.vn/luu-y-khi-lap-di-chuc-doi-voi-nha-dat-185230615171818753.htm