Notes when making a will for real estate

I have a 1,000 ^m2 garden plot in Dong Nai and a house in Ho Chi Minh City, so I want to make a will to divide it equally between my two children. Now I am old and have difficulty moving around. Where can I notarize my will?

In the absence of notarization, can I have my will certified? How will it be certified?

Reader Tran Ngoc asked Thanh Nien .

Consultant

Notary Quach Chi Duc (Tran Thanh Hai Notary Office, Ho Chi Minh City) advises that Article 42 of the Notary Law stipulates:

Notaries of notary practice organizations may only notarize contracts and transactions regarding real estate within the province or centrally-run city where the notary practice organization is headquartered, except for notarizing wills, documents refusing to receive real estate inheritance, and authorization documents related to the exercise of rights to real estate.

Therefore, you can contact any notary organization in Vietnam to notarize the will for the above two properties.

The testator can go to a notary or the People's Committee at the commune level for certification.

In addition to notarization, the testator can also certify the will at the competent commune-level People's Committee.

According to Article 5 of Decree 23/2015 of the Government, you can go to any People's Committee of commune, ward or town to certify the will for the above house and garden land.

Also according to Article 36 of Decree 23, when certifying a will, you submit a set of documents requesting certification, including the following documents: draft will (if any), copy of valid ID card or passport of the testator, copy of certificate of ownership, right to use or copy of replacement documents as prescribed by law. Copies of these documents are presented with the original for comparison.

The person performing the authentication will check the documents in the file requesting the authentication of the will. If the file is complete and at the time of authentication, the testator is voluntary, lucid, aware, and in control of his or her actions, then the authentication will be performed.

Note that when making a will, you must sign it in front of the person performing the certification. If you cannot sign, you must fingerprint it; if you cannot read, hear, sign, or fingerprint it, there must be two witnesses. The witnesses must have full civil capacity and have no related rights, interests, or obligations.

The person performing the certification records the testimony according to the prescribed form; signs, clearly states his/her full name, affixes the seal of the agency performing the certification and records it in the certification book.

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