Andrew (name changed), an Australian citizen, asked DEDICA:
"My father was of Vietnamese origin. He settled in Australia and made a will at a law firm in Sydney, leaving me a house in Ho Chi Minh City. He passed away last year, but my paternal relatives in Vietnam say a will made abroad has no legal force; they are demanding that the house be divided among the statutory heirs and have already begun the procedures. I am in Australia and cannot return to Vietnam to pursue the matter. Is my father's will invalid, and how should I handle this dispute?"
DEDICA ADVISES Your father's will is not invalid simply because it was made abroad. Vietnamese law recognizes a will executed in proper form overseas, so the other side's argument that 'a will made abroad has no force' is a misconception. The real dispute will turn on whether the will meets the conditions for validity. The way forward: identify exactly what the other side is challenging, have the will and supporting documents consularly legalized and notarized in translation, and prioritize negotiation; if they keep contesting the will's validity, the notarization route will stall and the matter must go to a competent court in Vietnam. You can authorize a lawyer to handle everything without returning home, but you must watch the statute of limitations.
The validity of a will made abroad when disputed in Vietnam
First, it helps to clear up the very misconception the other side is relying on. A will made abroad is not automatically invalid in Vietnam: Vietnamese law recognizes the form of a will validly executed under foreign law, provided it conforms to the law of one of the countries connected to the testator, namely the country where the testator resided, the country of their nationality, or the country where the real estate is located.
What does this mean for your case? A will your father executed before a lawyer or a notary public in Australia has every basis to be recognized as to form in Vietnam. So when the dispute reaches court, the question the court must answer is not "where the will was made", but whether the will satisfies the conditions to be regarded as lawful:
This is where the real dispute plays out. The challenging party usually does not attack the fact that the will was "made abroad", but targets one of these points: whether the testator was of sound mind and acting voluntarily when signing; whether the will met the form required by the law of the place where it was made, for example whether it lacked valid witnesses; or whether a later will exists, or whether an heir entitled to a compulsory portion was left out. Bear in mind two rules the other side can readily exploit: where a person leaves several wills over the same asset, only the last will takes effect (Clause 5, Article 643 of the Civil Code 2015); and the deceased's spouse, parents and minor children are still entitled to a minimum share even if the will leaves them nothing (Article 644). Pinpointing exactly which point the other side is challenging is the first step that determines how to respond.
Steps to handle the dispute while you are abroad
Once someone is contesting the will's validity, the practical course involves the following steps:
- Identify the type of dispute. Is the other side denying the will entirely, contesting only the size of the shares, or have they already declared the estate themselves and left you out? Each situation calls for different evidence and a different line of response.
- Put your foreign documents in order. The original will, the death certificate, and the documents proving the father-child relationship must all be consularly legalized and translated into Vietnamese with notarization or certification before they can be used in Vietnam. Without this step, both the notary office and the court will reject the file. (From 11 September 2026, when the Apostille Convention takes effect for Vietnam, documents from member countries will need only an Apostille stamp in place of the consular legalization chain.)
- Prioritize negotiation. If the co-heirs can still talk to one another, an agreement on dividing the estate executed at a notary office is faster and less costly than litigation. But it takes only one person to contest the will's validity, and the notary office can no longer notarize the division document, leaving the court as the only remaining path.
- Sue in the correct court. Disputes over inheritance of property fall within the jurisdiction of the court (Clause 5, Article 26 of the Civil Procedure Code). For real estate in Vietnam, this is moreover a matter within the exclusive jurisdiction of the Vietnamese courts, which no foreign court can substitute for (point a, Clause 1, Article 470), and the claim must be brought before the court where the real estate is located.
One point that many people, and quite a few older advisory articles online, still get wrong: as of 1 July 2025, district-level People's Courts no longer exist; first-instance jurisdiction now lies with the regional People's Court, including for cases with foreign elements that previously had to be referred up to the provincial level.
Filing with the provincial People's Court out of old habit will get the file sent back or transferred, costing several more months, a window that is already very tight for someone living abroad. And you do not need to fly back yourself: every step above, from legalizing documents and negotiating to taking part in the proceedings, can be delegated to a lawyer in Vietnam to carry out on your behalf.
Conclusion
In short, the will your father made in Australia does not lose its force merely because it was made outside Vietnam; your paternal relatives' argument is a misconception. The real question is whether the will meets the conditions for validity, and that is what you need to prove. What you should do: (1) pin down exactly which point the other side is challenging; (2) have the will and personal documents consularly legalized and notarized in translation; (3) attempt negotiation and a division agreement at a notary office; (4) if they still object, sue at the regional People's Court where the house is located, not the provincial court and not an Australian court; (5) act early so as not to exceed the limitation period or to let the property be transferred. Because you are in Australia, authorizing a lawyer from the very stage of reviewing the file will let you see the matter through to the end without having to fly back.
If your paternal relatives have already filed or begun declaring the house, time is of the essence. You can send DEDICA a scan of the will and your father's documents so that a lawyer can assess its validity and identify exactly what the other side is challenging; DEDICA can then act under a power of attorney to legalize the file, negotiate with the co-heirs, or file suit and take part in the proceedings before the correct court in Vietnam on your behalf, even when you cannot return home. Contact DEDICA for legal advice tailored to your family's specific situation.
This article is for reference only and is based on Vietnamese legal provisions in effect at the time of writing (June 2026). Every will and every inheritance dispute has its own facts; please consult a DEDICA lawyer for advice precise to your situation.
