Is a handwritten will authenticated and legally valid?

Accordingly, the will was handwritten by Mr. Vuong’s mother, Ms. Hoang Thi Cham (as recorded in the ID card issued to him on December 3, 1978) in 2003 but was not made in front of the authenticator. The authentication was only performed by the Chairman of Tu Ky Town People’s Committee 3 days after the date of writing.

Reporter Dan Tri has transferred Mr. Nguyen Van Vuong’s information and documents to Lawyer Quach Thanh Luc, Director of the Law Firm – Hanoi Bar Association for answers.

Lawyer Luc said the will provided by Mr. Vuong was made on November 4, 2003, so to evaluate the legality of the will, it must be based on the 1995 Civil Code and Decree No. 75/2000 on Notarization and Authentication.

A legal will must ensure that the following conditions are met

“a) The testator is clear-minded while making the will; must not be deceived, threatened or coerced;

b) The content of the will is not contrary to social ethics; The form of the will does not violate the provisions of law” (Clause 1, Article 655 of the 1995 Civil Code).

According to the above regulations, the will lacks Even just one condition will not be legal.

The lawyer analyzed the above form of will against the legal regulations at the time of making the will. Specifically as follows:

First, the hybrid will form is not legally guaranteed: The will said to be that of Ms. Hoang Quy Tram has just been in the form of a will without witnesses (handwritten) according to Article 658 of the Code Civil Code 1995 has the form of witnessing by the Commune People’s Committee according to Article 661 of the 1995 Civil Code.

With the above regulations, it can be seen that these are two different forms of handwritten wills There is no need for an authenticator. An authenticated will does not have handwriting because the recording of the will’s content is done by the authenticator according to the provisions of Article 661 of the 1995 Civil Code “The testator Declare the contents of the will before the person with authentication authority of the Commune People’s Committee… the person with authentication authority must record the content that the testator has declared“.”. p>

According to the provisions of Article 653 of the 1995 Civil Code, two forms cannot exist at the same time in a legal will. The form of the will said to have been made by Ms. Hoang Quy Tram and certified by the People’s Committee of Tu Ky town is completely contrary to legal regulations.

Second will must not be made in front of the authenticator

The handwritten will was made on November 4, 2003. The authentication of the Chairman of the People’s Committee of Tu Ky town was made on November 8, 2003. 2004. The time from the handwriting of the will to the time of authentication is 04 days.

So clearly the will was not signed in front of the person with authority to authenticate. This means with the fact that the authenticator has absolutely no basis to determine that this is the intention of the testator’s signature.

This action seriously violates the regulations on will-making procedures stipulated in Clause 1 of this Article. 661 Civil Code 1995, Clause 1, Article 50, Decree No. 75/2000/ND-CP on Notarization and Authentication. Wills made without proper procedures have no legal value.

Th The three testimonies in the will do not comply with the law and have no probate value

The testimonies in the will dated November 8, 2003 read “People’s Committee of Tu Ky town confirm that Ms. Tram’s will is correct“. It is not specifically stated what is right and what is right. Meanwhile, Clause 1, Clause 3, Article 50 of Decree No. 75/2000 on Notarization and Probate of Wills affirms: “1. The testator must personally request notarization of the will, not notarization through a person. other…3. The person performing the notary must determine the mental state of the testator“.

This is an unfounded confirmation not based on notary operations and legal regulations on authentication. Thus, the confirmation of the People’s Committee of Tu Ky town is not the probate of the will as referenced above; The content of the confirmation is illegal. The testimony is not suitable so it has no authenticating value, which means the will has no legal value.

The content of the above will is contrary to legal regulations. law at the time of making the will

Lawyer Luc specifically analyzed as follows: Article 656 of the 1995 Civil Code regulates the content of a written will stating:

1. The will must clearly state:

a) Date of making the will; b) Full name and the place of residence of the testator; c) Full name of the organization that inherits the estate; d) The legacy left behind and the place where the legacy is located; </em >d) The appointment of the person to perform the obligation and the content of the obligation.

2- The will must not be abbreviated or written with if symbols; If a will consists of many pages, each page must be numbered and have the signature or fingerprint of the testator.

Based on the above regulations, compare with Mr. Vuong’s will. can be seen as follows:

Mr. Vuong’s mother’s name is Hoang Thi Cham as recorded in the ID card issued to him on December 3, 1978. As for the person who made the will, his name is Hoang Quy Tram (Mrs. Dau), as in the will dated November 4, 2003, it is unclear whether he has any identification papers to prove whether it is real or not. Ms. Hoang Thi Cham herself does not have any documents showing that the competent State agency has changed her full name and middle name according to Article 29 of the 1995 Civil Code.

The testator If you don’t remember your name, are you clear-headed enough to make a will? If a person who probates a will does not check identification documents, is it trustworthy or not to probate a will for someone who does not have an ID card?

The above action is a violation of regulations. At Point b, Clause 1, Article 656 of the 1995 Civil Code: The will must clearly state. Testator‘s full name. Therefore, this will is wrong in terms of content and has no legal value.

From the above analysis, based on the provisions of Article 655 of the 1995 Civil Code, regulations on legal wills, in terms of form, The form and content of the will made on November 4, 2003, authenticated on November 8, 2003, was provided by Mr. Vuong illegally. When the will is not legal, based on Article 678 of the 1995 Civil Code, the estate will be divided according to law.

 Readers who have legal problems can send a letter to the address: bandoc@dantri.com.vn or the Readers section of Dan Tri Newspaper No. 2 Lecture Cat Linh Ward, Dong Da District, Hanoi for answers.