HERITAGE – TESTAMENT

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As the society grows, people are more and more concerned about the Will - Heritage - Inheritance related to their practical interests. Being a professional consultant in the field of legal consulting, VLC would like to provide clients with procedures related to Will - Heritage – Inheritance.

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Testament


1. A testament is the expression of an individual's will to transfer his/her own property to other person(s) after his/her death. A will is legal when it meets the following conditions:


- The testator is clear-minded while making the testament; he/she is not deceived, threatened or forced;

- The content of the testament is not contrary to law and/or social ethics; the form of testament is not contrary to the provisions of law.

- In additions, no abbreviations or symbols shall be used in testaments; if a testament comprises many pages, then each page must be ordinally numbered and signed or fingerprinted by the testator.


2. A testament must be made in writing; if the testament cannot be made in writing, it can be made orally.


a. A written testament may be:

- A written testament made without witnesses;

- A written testament made in the presence of witnesses;

- A notarized written testament;

- An authenticated written testament.


b. The contents of the testament shall include the following principal contents:

- Day, month, year, on which the testament is made;

- Full name and place of residence of the testator;

- Full names of the person(s), agency(ies) or organization(s) entitled to the estate

– The inheritance estate bequeathed and the location of such estate;

- Apart from the contents specified in clause 1 of this Article, the testament may contain other contents.

- No abbreviations or symbols shall be used in testaments; if a testament comprises many pages, then each page must be numbered and signed or fingerprinted by the testator.

- In case the testament is erased or corrected, the writing person of the testament or testamentary witness must sign beside the erasure or correction.


Heirs


If an heir is an individual, he/she must be alive at the time of opening the inheritance, or must be born and still alive after the time of opening the inheritance, but must be conceived before the death of the estate leaver. In cases where a testamentary heir is an agency or organization, such agency or organization must be in existence at the time of opening the inheritance.


Time and place for opening inheritance


1. The time for opening inheritance is the time the owner of property dies. In cases where the Court declares that a person is dead, the time for opening the inheritance shall be the date specified in Clause 2, Article 81 of this Code.


2. The place for opening inheritance is the last place of residence of the estate leaver; if such place cannot be identified, the place for opening inheritance shall be the place where all or most of his/her estate is located.


3. As from the time of opening the inheritance, the heirs shall have the property rights and obligations left by the decedents.


To give advice on Wills – Inheritance at LH.LLC


+ To give advice on preparing a probate;

+ To give advice on the regulations on division of inheritance;

+ To give advice on the legal regulations and procedures for claiming the inheritance;

+ To give advice on other matters related to testamentary inheritance, etc.

+ To give advice and identify the person entitled to inheritance;

+ To give advice on other legal regulations related to inheritance by law, etc.

+ To give advice on the refusal to receive inheritance and cases of deprivation of inheritance right;

+ To give advice on management, division and payment of inheritance;

+ To give advice on regulations and instructions of the procedures on inheritance of land use rights;

+ To give advice on regulation, conditions and procedures for initiation of lawsuits on inheritance;

+ To give advice on other relevant contents.