Ho Chi Minh City, 30 June 2026
In inheritance law, a testament is a crucial legal tool that expresses an estate leaver’s intent and will regarding the disposal of their property after death. Since a testament is highly personal, the law regulates it strictly to verify its authenticity and validity.
Understanding the basic rules of testamentary inheritance is essential to ensure that a testator’s intent and will are respected and followed. This article analyzes the fundamental rules of testamentary inheritance in Vietnam.
Testament
A testament is the expression of an individual’s will to transfer their property to others after death. In principle, a testament is legally valid if it meets the following key conditions:
- The testator was in sound mind and mentally alert when making the testament, and was not deceived, threatened, or forced;
- The content of the testament does not violate legal prohibitions or social morality;
- The form of the testament complies with the law.
The content of a testament must satisfy these requirements:
- It must contain key details: the time it is made, the identity of the testator, the beneficiaries (individuals or organizations), the details and the location of the estate;
- It must not be written in abbreviations or symbols. It must have page numbers and page order, and every page must be signed or fingerprinted by the testator;
- Any erasure or correction in the content must be signed next to it by the testator or a witness.
Formally, a testament can be written or oral (if a written testament cannot be made).
A testator may request notarization or certification of their testament. In practice, Vietnamese testaments are commonly notarized by a notary public or certified by a competent authority to ensure legal validity.
Testator and Testator Rights
Any adult (aged 18 or older) has the right to make a testament to dispose of their property. Accordingly, a testator has the right to:
- Designate heir(s);
- Disinherit heir(s);
- Allocate specific portions of the estate to each heir(s);
- Set aside a portion of the estate for testamentary donations or worship;
- Assign obligations to heir(s);
- Appoint persons to keep the testament, manage the estate, and distribute the estate.
Regardless of the testator’s rights, where the testator disinherits, or grants less than two-thirds (2/3) of the share that would otherwise be available under inheritance at law to, any of the following persons, such persons shall nevertheless be entitled to a portion of the estate equal to two-thirds (2/3) of the share that an heir at law would receive, calculated on the assumption that the estate is distributed in accordance with the rules of inheritance at law:
- Minor children;
- Parents, spouse of the decedent;
- Adult children who are incapable of working.
Validity of a Testament
In principle, a testament takes effect upon the opening of the succession, and ceases to be effective if it is revoked or replaced by the testator. Any supplementary testament shall also take effect, and where there is any inconsistency between the supplementary testament and the original testament, the provisions of the supplementary version shall prevail. Where a person leaves multiple testaments concerning the same property, only the latest valid testament shall take effect.
A testament is legally invalid (in whole or in part) if:
- The heir(s) dies (if an individual) or ceases to exist (if an entity) before or at the same time as the testator;
- The bequeathed property no longer exists at the time of opening the inheritance;
- The testament violates legal requirements.
If a testament is lost or damaged to the point that it cannot show the testator’s clear intent and will, and there is no evidence to prove that intent and will, the testament is deemed not to exist, and inheritance at law shall apply.
Oral Testaments
An oral testament may be made when a person’s life is threatened by death and they cannot make a written testament. However, if the testator is still alive, of sound mind, and mentally alert after three (3) months, the oral testament is automatically revoked.
An oral testament is legally valid if:
- The testator expresses their final will before at least two witnesses;
- Immediately after, the witnesses record the will and sign or fingerprint the record;
- The record is notarized or certified by a competent authority to confirm the witnesses’ signatures or fingerprints.
Other Key Considerations
When making a testament, it should be note that:
- A written testament must be handwritten and signed by the testator. If typed or written by another person, it must have at least two witnesses and comply with all legal conditions;
- Anyone may act as a witness to a testament, except for those disqualified by law;
- A testator may draft a testament at a notary office, a commune-level People’s Committee, or request a notary to visit their residence;
- A testator may custody their testament at a notary office or to another person for safekeeping;
- The person announced to read the testament may also be its custodian. They must perform the announcement procedures in accordance with the law.
Conclusion
A testament reflects the testator’s intent and will for their estate. Vietnamese law maintains strict requirements on the capacity, form, and content of testaments to ensure their authenticity and validity. Therefore, the relevant parties should understand these rules to ensure the testament(s) made are legally valid and enforceable in practice.
In the final part of this series, we will provide notes on the regulations of the estate and its distribution.
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See the previous parts here: Part 1 | Part 2
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For advice on testaments and testamentary inheritance in Vietnam, please contact our team:
📧 info@indochinecounsel.com
☎️ (+84) 28 3823 9640
