Can a wife make a will to disinherit her husband?

Question: My friend is terminally ill. She plans to make a will to leave all her assets to her children and disinherit her husband because she recently discovered that he had been unfaithful and had used the money to buy a house and a car for his lover many years ago. So, is it okay for her to do so?

Reply:

A will is an expression of an individual's will to transfer his or her assets to another individual or organization after death.

According to Clause 1, Article 626 of the 2015 Civil Code, the testator has the right to "designate an heir; deprive an heir of the right to inherit".

However, in Clause 1, Article 644 of the 2015 Civil Code, minor children, fathers, mothers, wives, husbands; and adult children who are incapable of working are still entitled to an inheritance portion equal to 2/3 of the portion of a legal heir, if they are not given an inheritance by the testator or are only given an inheritance portion less than 2/3 of that portion.

Thus, even if the wife makes a will leaving all her assets to her children and disinheriting her husband, the husband is still entitled to two-thirds (2/3) of the share of a legal heir regardless of the content of the will.

However, the husband is only entitled to inherit the wife's estate according to Article 644 above when the will is legal. Accordingly, a legal will must satisfy all the conditions in Clause 1, Article 630 of the 2015 Civil Code:

- When making a will, you were clear-minded, lucid, and not deceived, threatened, or coerced.

- The content of the will does not violate the prohibitions of the law, is not contrary to social ethics, and is in accordance with the provisions of Article 631 of the 2015 Civil Code.

In terms of form, a will must be made in writing (with or without witnesses, notarized or certified). If it is not possible to make a written will, an oral will can be made, but this only applies when the testator's life is in danger of death. After three months from the time of the oral will, if the testator is still alive, lucid, and clear-minded, the oral will is automatically revoked.

Note: According to Clause 5, Article 630 of the 2015 Civil Code, an oral will is considered legal if the oral testator expresses his or her last will in front of at least two witnesses and immediately after the oral testator expresses his or her last will, the witnesses record it, co-sign or fingerprint it.

Within 05 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary or a competent authority to confirm the signature or fingerprint of the witness.

In case the will is not legal, the wife's estate will be divided according to the law. Accordingly, the first order of heirs includes the husband, children, biological father, biological mother, adoptive father, adoptive mother and each of them will receive an equal inheritance.

Minh Hoa (t/h)

Source: https://www.nguoiduatin.vn/vo-co-duoc-lap-di-chuc-truat-quyen-thua-ke-cua-chong-hay-khong-a668788.html