A will executed abroad, even one that is entirely valid where it was made, can remain frozen for years when relatives in Vietnam refuse to recognize it and decline to sign the estate declaration. For a beneficiary living far away, a single misconception about the will's validity is enough to lock up an entire estate and drag a dispute on from one year to the next.
Will a will executed in the United States, Australia or Canada be recognized under Vietnamese law, or must it be redrafted to a domestic template? When siblings in Vietnam object, arguing that the will "was not notarized in Vietnam and is therefore void," does that argument hold up? And if the co-heirs have quietly completed the estate declaration, bypassing the will, does the named beneficiary still have any chance of reclaiming their share? These are the obstacles that push many families with relatives abroad into drawn-out disputes. This article analyzes the governing law, the conditions for a will to be recognized, the procedure to follow, and the risks to avoid when a will executed abroad is contested.
Wills executed abroad and the principle for determining the governing law
When a will has a foreign element, for instance it was executed abroad, made by a person of foreign nationality, or the beneficiary is living abroad, the first question is not "has the will been notarized in Vietnam" but rather which country's law applies. Part Five of the 2015 Civil Code, on civil relations involving foreign elements, provides the answer, and it often runs contrary to the reflex, common among family members, that "if it was made abroad it has no effect in Vietnam."
First, the determination of who the heirs are and how the estate is divided is based on the nationality of the deceased, not on where the assets are located:
This means that if the testator was a Vietnamese citizen, Vietnamese inheritance law applies regardless of where the will was made. If the testator held foreign nationality, the law of their country of nationality governs most inheritance matters; however, the exercise of inheritance rights over immovable property in Vietnam is governed by Vietnamese law (the law of the place where the property is located).
Most important for this topic is the rule on the form of the will. Vietnamese law does not require a will to follow a domestic template in order to be valid:
In other words, a will executed in the proper form under the law of the country where it was made, for example a will with witnesses under the law of a U.S. state, or a will executed before a notary in Australia, will be recognized in Vietnam as to its form. Testamentary capacity is likewise assessed under the law of the country of which the testator was a national at the time of execution. The argument that "a will not notarized in Vietnam is automatically void" therefore almost always lacks any basis. The real issue is not whether the will is valid, but whether that validity can be proven before the Vietnamese authorities.
Conditions for a will to be recognized as lawful in Vietnam
When Vietnamese law applies, typically where the deceased was a Vietnamese citizen, a will takes effect only if it meets the statutory conditions. These are precisely the "battlegrounds" that those contesting a will tend to target:
In practice, relatives contesting a will usually attack one of three points: that the testator was no longer of sound mind (due to age or illness) when making the will; that the will was made under deception or coercion; or that the form of the will contravenes the law. It should be borne in mind that the person asserting that a will is void bears the burden of proving it. A will certified by a foreign notary, or, for a Vietnamese citizen abroad, certified by a Vietnamese diplomatic mission or consulate (which carries the same value as a notarized will under Article 638), is very strong evidence of validity.
One point is often overlooked: a will may be void only in part. If part of a will is unlawful but does not affect the remaining parts, only that part loses effect, and the rest is still carried out. Thus, even if the contesting party manages to "knock out" one clause, the entire will is not thereby annulled.
Heirs entitled regardless of the contents of the will
There is one situation in which relatives contesting a will have a solid legal basis that a beneficiary under the will must pay particular attention to: Vietnamese law protects a group of close relatives, granting them a share of the estate even where the will gives them nothing, or less than the minimum.
This means that if a father leaves a will giving all of his property to one child abroad, the surviving spouse, elderly parents, minor children, or adult children who lack the capacity to work and who are in Vietnam are still entitled to two-thirds of a statutory share, regardless of what the will says. In this situation, their "objection" does not render the will void, but the portion disposed of under the will is reduced to secure the minimum share for these persons.
Understanding this boundary clearly allows the beneficiary under the will to negotiate from an accurate position: which part is an inalienable right of the relatives, and which part they are claiming beyond the law. Note that this rule does not apply to those who have renounced the inheritance or who are not entitled to inherit under the law.
The procedure for recognizing and giving effect to a will executed abroad in Vietnam
Once the legal framework is clear, what remains is the concrete path for the will to be given effect in Vietnam, even where the beneficiary cannot return to the country:
- Consular legalization and notarized translation of all documents. The will, the death certificate, and the documents proving the family relationship issued abroad must be consularly legalized and translated into Vietnamese, with the translation notarized, before any domestic authority will accept them. (From 11 September 2026, when the Apostille Convention takes effect for Vietnam, public documents from member states will only need an Apostille stamp in place of consular legalization.)
- Determine the governing law and all of the heirs. Based on the nationality of the deceased (Article 680), determine the governing law and, at the same time, review the heirs entitled regardless of the contents of the will under Article 644, to avoid omissions that cause the file to be reopened later.
- Estate declaration or agreement on division of the estate at a notarial organization. If the parties agree, the notarial practice organization posts the public notice of acceptance as required by law and then certifies the document declaring or agreeing on the division of the estate under the will (Law on Notarization 2024).
- Litigation where the objection persists. If relatives refuse to sign or deny the will, the file cannot be completed at the notary's office; a lawsuit must be filed at the competent People's Court (inheritance cases with a foreign element fall within the first-instance jurisdiction of the regional People's Court under the court organization model in effect from 1 July 2025) to seek recognition of the will's validity and division of the estate.
- Judgment enforcement and transfer of value abroad. After a judgment, combine it with enforcement proceedings if necessary; where the estate consists of money, carry out the procedures to lawfully transfer the inherited funds abroad; where it consists of immovable property that the beneficiary is not eligible to own, the beneficiary receives its value (through sale or conversion into money).
Legal risks and common mistakes when a will is contested
Most of the harm in foreign-element will disputes comes not from the dispute itself but from avoidable mistakes:
- Assuming that "a foreign will is void" and giving up. A beneficiary far away hears the family say the will has no effect and takes no action, leaving the co-heirs to divide the estate under intestacy law, when Article 681 in fact recognizes the form of a will executed abroad.
- Being left out of the estate declaration. The co-heirs in Vietnam declare the estate themselves, without declaring the will or by leaving out the heir abroad; by the time the assets have been transferred into their names, the beneficiary under the will must sue to annul the declaration and have the estate redivided, which is more costly and far more drawn out.
- Documents not legalized or mistranslated. Documents from abroad that have not been consularly legalized, or a translation with errors in names or family relationships, are refused by notaries and the courts, requiring everything to be done over.
- Misunderstanding about real-estate ownership. Many people believe that "holding foreign nationality means you cannot inherit in Vietnam." This is wrong: the right to inherit is not lost because of nationality. If the beneficiary is not eligible to be registered as the owner of real estate in Vietnam, they still receive the inheritance share in value (converted into money), rather than losing their share.
- Assets dissipated during the dispute. While matters are in deadlock, the party in possession may transfer or pledge the estate; consideration should be given to requesting interim injunctive measures to preserve the status quo.
The most dangerous of all is missing the limitation period. The right to request division of an estate does not last indefinitely:
Where the estate consists of bank deposits, savings books, or shares (movable property), the limitation period to request division is only 10 years, which passes faster than many expect when the file has to make its way through procedures abroad. Once the limitation period expires, the estate belongs to the heir currently managing it, and the chance to reclaim it is all but closed.
How DEDICA handles a will executed abroad that is being contested
For clients living abroad, the greatest obstacle is not the law but the fact that there is no one in Vietnam to pursue the file. DEDICA Law Firm acts under a power of attorney so that you do not have to fly back: reviewing and assessing the validity of the will under the correct governing law; guiding the preparation and standardization of documents from abroad (consular legalization or Apostille, and notarized translation); working with notarial organizations, banks, and the relevant authorities; and negotiating with the co-heirs to reach an agreement on division.
Where court proceedings become unavoidable, DEDICA represents you in litigation to seek recognition of the will's validity or to sue for redivision of an estate declared with an heir omitted, supports you through the enforcement stage, and advises on how to transfer the proceeds, whether inherited funds or the value of real estate, back to you abroad in a lawful manner.
Conclusion
A will executed abroad is not automatically void in Vietnam: Vietnamese law recognizes the form of a will if it conforms to the law of the place where it was made (Article 681), and the heirs are determined by the nationality of the deceased (Article 680). When relatives object, the procedure involves four steps: (1) consular legalization and notarized translation of all documents executed abroad; (2) determining the governing law and reviewing the heirs entitled regardless of the contents of the will under Article 644; (3) if the parties agree, declaring the estate at a notarial organization; (4) if the objection persists, suing to have the court recognize the will's validity and divide the estate. The three mistakes that most often cost beneficiaries their rights are: assuming that "a foreign will is void" and giving up, leaving documents unlegalized, and missing the limitation period to request division of the estate (only 10 years for movable property). If you are abroad, granting a power of attorney to a Vietnamese lawyer early, as soon as you learn of a dispute, helps preserve the evidence and avoid having to start the litigation over.
Every foreign-element will dispute differs in the nationality of the deceased, the place where the will was made, and the type of asset. DEDICA Law Firm represents you from the legalization of documents abroad, through negotiation with the co-heirs, to litigation in court and the transfer of the estate's value back to you, even when you cannot be present in Vietnam. Contact DEDICA to have a lawyer assess the validity of the will and build a strategy to protect your interests in your specific case.
This article is for reference only, based on the law in force at the time of writing. Each case has its own particular facts as to nationality, the place where the will was made, and the type of estate; please consult a DEDICA lawyer for advice tailored to your situation.
