Parents who want to leave a house to a child settled abroad can watch that wish fall apart over a single will, drafted in the wrong form or omitting a forced heir. Worse still, in some cases the child does inherit but cannot be named on the Land Use Right Certificate and receives only the cash value instead, an outcome very different from what the parents intended.
Can a child holding a foreign passport inherit a house and land in Vietnam? Is a will handwritten at home enough for the child to be titled later, or is notarization mandatory? And if other family members are also entitled, can a will leaving the entire house to one child be partly "carved up"? These are questions many families raise only after the parents have passed away and there is no longer any chance to fix things. This article analyzes the current legal framework, how to make a will correctly, and the mistakes that keep parents' wishes from coming true.
The right to leave real property by will and the conditions for a child abroad to inherit
Vietnamese law gives the testator the fullest respect for the right to dispose of their own property. Parents may decide who inherits the house, in what proportions, and subject to what conditions or obligations, and the fact that a child lives abroad does not strip parents of that right.
The first key point: for real property located in Vietnam, even if the child lives in the United States, Korea, Japan or Australia, the inheritance is governed by Vietnamese law, not the law of the child's place of residence. This is why parents should make a will in accordance with Vietnamese law from the outset.
A very common misconception needs to be corrected right away: many people believe that "a child with foreign nationality cannot inherit real property in Vietnam." This is not true. The right to inherit is not lost because of nationality. The only question is the form in which the child will RECEIVE that estate: being titled directly on the Certificate, or receiving only the cash value. The answer depends on the child's legal status, which falls into three groups that parents must understand before putting pen to paper.
Case 1: The child is still a Vietnamese citizen
If the child still holds Vietnamese nationality despite living abroad long-term, the 2024 Land Law places the child in the "individual" group, the same as a person inside the country. The child may then be named on the Certificate for the inherited real property, with no restrictions compared with a Vietnamese person living domestically.
Case 2: The child is a person of Vietnamese origin residing abroad
If the child has renounced Vietnamese nationality to naturalize abroad but remains a person of Vietnamese origin who is permitted to enter Vietnam, the child may still own a house attached to residential land use rights, meaning the child can still be titled on the inherited house.
Case 3: The child is a foreigner or does not meet the conditions
If the child is no longer a Vietnamese citizen and does not fall within the group of eligible persons of Vietnamese origin above, the child still inherits the estate but cannot be named on the Certificate, and instead receives only the corresponding value. The very provision on the rights of individual land users draws this dividing line clearly:
In other words, the parents' will is always valid to let the child inherit the estate; but whether the child gets to KEEP the house or only receives the MONEY from selling it depends on the child's legal status. This is the crucial distinction parents must factor in when drafting a will, rather than leaving the child to sort it out later. (For how each status receives and is titled to property in detail, see DEDICA's separate article on inheriting real property by nationality.)
The form and procedure for making a valid will to leave real property
For a will leaving real property to be truly effective, it must be correct in both form and content. The law prioritizes written wills; an oral will is only an exception where life is under threat.
As for content, a will leaving real property should set out the following information fully and clearly (Article 631 of the Civil Code 2015):
- The date on which the will is made;
- The full name and place of residence of the parent making the will;
- The full name of the child (and any other persons) who will inherit the estate, with as much identifying information as possible;
- An accurate description of the real property left and where it is located; the plot number, map sheet number, address and Certificate number should be stated to avoid confusion or disputes later.
A will must not use abbreviations or symbols; if it has multiple pages, each page must be numbered and bear the signature or fingerprint of the testator. In particular, although the law allows a handwritten will without notarization, for high-value assets with a foreign element, such as real property left to a child settled abroad, notarization or certification is in practice all but mandatory to limit disputes.
The procedure for making a notarized will usually involves the following steps:
- Prepare the documents: the parents' ID card or passport, the Land Use Right Certificate (the "red book" or "pink book") for the real property, and documents proving separate property or joint marital property if needed.
- Go to a notarial practice organization; if the parents are elderly or in poor health, they may request the notary to come to their home to make the will.
- The parents declare the contents of the will before the notary; the notary records it and checks that the testator is of sound mind and acting voluntarily.
- The parents read it over, confirm it reflects their true intention, then sign or fingerprint it; the notary certifies the will.
- If desired, the parents may deposit the will for safekeeping at the notarial practice organization to avoid loss or unauthorized alteration.
A great convenience for families with a child far away: making a will is the parents' personal right, and the child need not be present in Vietnam. However, the parents themselves must do it in person and may not delegate the making of the will to someone else.
Mistakes that derail a will leaving real property to a child abroad
Most problems arise not from legal prohibitions but from omissions when the will is made. Below are the situations DEDICA encounters most often.
Overlooking heirs who are entitled regardless of the will's content. This is the most common and most damaging mistake. Parents leave the entire house to the child abroad, but the law still reserves a mandatory portion for certain close relatives, even if the will gives them nothing or less than that portion.
This means that if, when the parents die, there are still grandparents (the testator's father and mother), a spouse, minor children, or adult children who have lost the capacity to work, those persons are still entitled to two-thirds of a share under intestate succession. Where the real property is the only asset, this mandatory portion must be carved out, and the child abroad will not receive the entire house as the parents wished, and may even face disputes among the parties over division in kind or conversion into money.
Leaving "the house" to a child who may only receive its value, without planning ahead. If the child falls within Case 3 above, a will stating "I give my child the house to live in and keep as a memento" cannot be carried out literally, because the child cannot be named on the Certificate.
In this situation, parents should plan ahead: either guide the child to retain or reacquire Vietnamese nationality where appropriate, or state clearly in the will a plan for the child to receive the value of the house through a transfer, so the child is not caught off guard when they cannot be titled.
A handwritten will, without notarization and without witnesses. Such a will can still be valid if it meets the conditions of sound mind, voluntariness and form; but when the parents die, other co-heirs can readily sue to have the will declared invalid, citing doubts about the signature, doubts that the parents were of sound mind, or coercion. The real property is then "frozen" in court for years, while the child abroad finds it hard to return to Vietnam to pursue the case.
Vague content or disposing of someone else's share. A will that does not clearly identify the plot or Certificate number easily gives rise to multiple interpretations and requires the court to interpret it. In particular, if the real property is joint marital property, each spouse may dispose only of their own share; if one parent unilaterally makes a will covering the entire house, the excess portion is ineffective.
DEDICA's role in making a will to leave real property to a child abroad
Making a will to leave real property to a child settled abroad is not merely about writing down the parents' wishes, but a planning exercise to ensure those wishes can actually be realized. DEDICA advises on the overall strategy: correctly identifying the child's legal status to know whether the child can be titled or only receive value, then designing the will's content accordingly; reviewing it so no forced heir is overlooked; and selecting the safest way to make, notarize and deposit the will.
When the time comes to give effect to those wishes, DEDICA continues to accompany you: guiding the child abroad in preparing and consular-legalizing the necessary documents, acting as authorized representative in dealings with notaries and the land registration office so the child need not travel back and forth, and advising on how to transfer the inheritance proceeds (including, where the house must be sold, lawfully remitting the money) to the child abroad.
Conclusion
For a will leaving real property to a child settled abroad to be truly effective and to match the parents' wishes, four things must be done correctly: (1) identify which group the child belongs to (Vietnamese citizen, eligible person of Vietnamese origin, or foreigner), because this determines whether the child can be named on the Certificate or only receive the value; (2) make the will in writing, preferably notarized or certified, stating the plot and Certificate number clearly; (3) reserve the mandatory portion for heirs entitled regardless of the will's content (grandparents, spouse, minor children, children incapable of working) so the will is not partly cut; (4) plan ahead in case the child may only receive the value. The three mistakes that most often derail these wishes are: overlooking forced heirs, a vague handwritten will easily challenged as invalid, and failing to account for the child being unable to be titled. The safest approach is to make the will while the parents are still healthy and of sound mind, with a lawyer's advice to review it from the start rather than leaving the child to deal with the consequences later.
Every family has a different asset structure and a different nationality status among the children, so there is no one-size-fits-all will template. DEDICA Law Firm accompanies you from identifying your child's legal status, designing and making a lawful will, through to the moment your child abroad actually receives their inheritance share. Contact DEDICA for legal advice on a will plan suited to your family's specific circumstances.
This article is for reference based on the law in effect at the time of writing. Each case has its own facts; please consult a DEDICA lawyer for accurate advice.
