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In reality, those leaving behind assets don't always have the means to create a complete written will. There are many cases where relatives die suddenly due to serious illness, accidents, or critical health conditions, leaving only verbal instructions regarding the distribution of assets to the family. This raises the question of whether verbal wills are truly recognized under Vietnamese law, or whether a notarized document is required for legal validity.
According to the 2015 Civil Code, oral wills can still have legal validity in some cases if they meet the conditions stipulated by law. However, this type of will is also very prone to disputes in practice because it is difficult to prove the content and true intentions of the testator.
Generally, oral wills are only considered in circumstances where the testator's life is seriously threatened and they are unable to make a written will. This means that not every spoken word or instruction within the family is automatically considered a legally valid will.
In many inheritance cases, oral wills are a major cause of family conflict because each person may interpret or present the content differently.
In some cases, relatives claim that the deceased specifically instructed that all their assets be left to a particular child. However, other family members disagree because they did not directly hear the instructions or believe the words were misinterpreted. Furthermore, in many cases, the instructions are passed on through multiple people, making the content easily altered or inaccurate over time.
Another common issue is the debate over whether the testator was mentally sound when making their last statement.
In some cases, the testator may be in very poor health, have impaired cognitive abilities, or be under the influence of medication. In such cases, determining whether the statement truly reflects a voluntary intent often becomes a crucial issue in dispute resolution.
Unlike notarized or clearly signed wills, oral wills often lack direct documentation from the outset. This is why many disputes involving oral wills rely heavily on witnesses, medical records, audio recordings, or other relevant evidence.
According to current law, not all oral wills are legally valid.
In practice, the presence of witnesses is a crucial condition for an oral will. Witnesses must have directly heard the will's contents clearly and be able to confirm that the testator personally expressed their wishes regarding the distribution of assets.
Without evidence confirming that a witness actually saw the will being made, the likelihood of disputes is very high.
Current law stipulates the recording and confirmation of oral wills within a specified timeframe. However, in reality, many families are unaware of this process and only remember the content verbally without performing the necessary confirmation steps. This makes proving the will's legality much more difficult later on.
Whether it's a written or oral will, the voluntary and mentally sound nature of the testator remains a very important condition. In many cases, the dispute lies not in the content of the property but in whether the person leaving the inheritance was capable of understanding and controlling their actions at the time.
In practice, proving the validity of an oral will is often much more difficult than proving the validity of a written will.
The person who directly heard and witnessed the making of the will is usually the most important source of evidence. However, if the testimony of witnesses is inconsistent or contradictory, the dispute can become more complicated.
In many cases, medical records, discharge papers, or health certificates of the testator can be used to assess their cognitive abilities at the time of making the will. This is especially important for testators who are elderly or undergoing treatment for serious illnesses.
Currently, many families may retain audio recordings, videos, or text messages related to the distribution of assets before a loved one's death. While not always sufficient to replace the full legal requirements of a will, these can still be important documents to support the proof of the testator's intentions during dispute resolution.
For cases requiring advice on wills, inheritance disputes, or reviewing the legality of wills under Vietnamese law, DEDICA provides personalized consultations.
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